SCHOOL  JLiJL.  W OF  1 8 G 1 . 


A.!Nr  ACT 

TO  ESTABLISH  AND  MAINTAIN  A SYSTEM  OF 

FREE  SCHOOLS, 

IN  THE 


STATE  OF  ILLINOIS, 


AS  AMENDED  FEBRUARY  21,  1861. 


SPRINGFIELD : 

BAILHACHE  & BAKER,  PRINTERS. 


1861. 


tA 


■A.3ST  ACT 


TO  ESTABLISH  AND  MAINTAIN  A SYSTEM  OF 

FREE  SCHOOLS. 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION HIS  ELEC- 

TION AND  DUTIES. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly , That  at  the  Election  of  su- 
election  to  be  held  on  Tuesday  after  the  first  Monday  of  perintendent- 
November,  A.  D.  1858,  and  biennially  thereafter,  there  shall 
be  elected,  by  the  legal  voters  of  this  state,  a state  superin- 
tendent of  public  instruction,  who  shall  hold  his  office  for 
two  years,  and  until  his  successor  is  duly  elected  and  quali- 
fied. 

§ 2.  Before  entering  upon  his  duties,  he  shall  take  and  To  give  bond, 
subscribe  the  usual  oath  of  office,  and  shall  also  execute  a 
bond,  in  the  penalty  of  twenty-five  thousand  dollars,  paya- 
ble to  the  state  of  Illinois,  with  sureties  to  be  approved  by 
the.  governor,  conditioned  for  the  prompt  discharge  of  his 
duties  as  superintendent  of  public  instruction,  and  for  the 
faithful  application  and  disposition,  according  to  law,  of  all 
school,  moneys  that  may  come  into  his  hands  by  virtue  of 
his  office ; said  bond  and  oath  shall  be  deposited  with  the 
secretary  of  state,  and  an  action  may  be  maintained  there- 
on by  the  state,  at  any  time,  for  a breach  of  the  conditions 
thereof. 

§ 3.  It  shall  be  his  duty  to  keep  an  office  at  the  seat  of  Keep  office  at  the 
government  of  the  state,  and  to  file  all  papers,  reports  and  “e‘tof  gov*ro' 
public  documents  transmitted  to  him  by  the  school  officers 
of  the  several  counties,  each  year  separately,  and  to  keep 
and  preserve  all  other  public  documents,  books  and  papers 
relative  to  schools,  coming  into  his  hands  as  state  superin- 
tendent, and  to  hold  the  same  in  readiness  to  he  exhibited  to 
the  governor,  or  to  any  committee  of  either  house  of  the 
general  assembly ; and  shall  keep  a fair  record  of  all  mat- 
ters pertaining  to  the  business  of  his  office. 

780501 


1861. 


4 


Pay  over  moneys. 


To  advise  with 
teachers. 


Supervision  of 
common  schools. 


Address  circular 
letters. 


Report  to  Gov- 
ernor. 


Make  rules  and 
regulations. 


§ 4.  He  shall,  without  delay,  pay  over  all  sums  of  money 
which  may  come  into  his  hands  by  virtue  of  his  office,  to  the 
officer  or  person  entitled  to  receive  the  same,  in  such  manner 
as  may  be  prescribed  by  law. 

§ 5.  He  shall  counsel  and  advise,  in  such  manner  as  he 
may  deem  most  advisable,  with  experienced  and  practical 
school  teachers,  as  to  the  best  manner  of  conducting  com- 
mon schools. 

§ 6.  Said  superintendent  shall  have  the  supervision  of 
all  the  common  and  public  schools  in  the  state,  and  shall  be 
the  general  adviser  and  assistant  of  school  commissioners  in 
the  state ; he  shall,  from  time  to  time,  as  he  shall  deem  for 
the  interest  of  schools,  address  circular  letters  to  said  com- 
missioners, giving  advice  as  to  the  best  manner  of  conduct- 
ing schools,  constructing  school  houses,  furnishing  the  same, 
and  procuring  competent  teachers. 

§ 7.  Said  state  superintendent  shall,  before  the  fifteenth 
day  of  December  of  every  year  preceding  that  in  which 
shall  be  holden  a regular  session  of  the  general  assembly, 
report  to  the  governor  the  condition  of  the  schools  in  the 
several  counties  of  the  state,  the  whole  number  of  schools 
which  have  been  taught  in  each  county  in  each  of  the  pre- 
ceding years,  commencing  on  the  first  Monday  of  October; 
what  part  of  said  number  have  been  taught  by  males  exclu- 
sively ; what  part  by  females  exclusively ; what  part  of 
said  whole  number  have  been  taught  by  males  and  females 
at  the  same  time ; and  wdiat  part  by  males  and  females  at 
different  periods ; the  number  of  scholars  in  attendance  at 
said  schools ; the  number  of  white  persons  in  each  county 
under  twenty-one  years  of  age ; the  amount  of  township 
and  county  fund ; the  amount  of  the  interest  of  the  state 
or  common  school  fund,  and  of  the  interest  of  the  township 
and  of  the  county  fund  annually  paid  out ; the  amount 
raised  by  an  ad  valorem  tax ; the  whole  amount  annually 
expended  for  schools ; the  number  of  school  houses,  their 
kind  and  condition ; the  number  of  townships  and  parts  of 
townships  in  each  county ; the  number  and  description  of 
hooks  and  apparatus  purchased  for  the  use  of  schools  and 
school  libraries  under  the  provisions  of  this  act,  the  prices 
paid  for  the  same,  and  total  amount  purchased,  and  what 
quantity  and  how  distributed ; and  the  number  and  condi- 
tion of  the  libraries,  together  with  such  other  information 
and  suggestions  as  he  may  deem  important  in  relation  to 
the  school  laws,  schools,  and  the  means  of  promoting  edu- 
cation throughout  the  state  ; which  report  shall  be  laid  be- 
fore the  general  assembly  at  each  regular  session. 

§ 8.  The  said  state  superintendent  of  public  instruction 
shall  make  such  rules  and  regulations  as  he  may  think 
necessary  and  expedient  to  carry  into  full  effect  the  provi- 
sions of  this  act,  and  of  all  the  laws  which  now  are  or  may 
hereafter  be  in  force  for  establishing  and  maintaining  schools 


5 


1861. 


t 


i 


in  this  state ; and  the  said  superintendent  shall  have  power, 

and  it  shall  be  his  duty,  to  explain  and  interpret  and  deter-  to  interpret  the 

mine  to  all  school  commissioners,  directors,  township  and  ^tamng  °f  this 

other  school  officers,  the  true  intent  and  meaning  of  this  act, 

and  their  several  duties  enjoined  thereby,  and  his  decision 

shall  be  final,  unless  otherwise  directed  by  the  legislature, 

or  reversed  by  a court  of  competent  jurisdiction. 

§ 9.  The  said  state  superintendent  shall  have  power  to  to  cause  school 
direct  and  cause  the  school  commissioner  of  any  county,  toTithhoi” 
directors  or  board  of  trustees  or  township  treasurer  of  any  funds- 
township,  or  other  school  officer,  to  withhold  from  any 
officer,  or  township,  or  teacher,  any  part  of  the  common 
school,  or  township,  or  other  school  fund,  until  such  officer, 
township,  or  teacher,  shall  have  complied  with  all  the  pro- 
visions of  this  act  relating  to  his,  her  or  their  duties,  and 
such  rules  and  regulations  as  the  state  superintendent  may 
prescribe,  not  inconsistent  with  this  act ; and  the  state  su- 
perintendent may  forbid  the  payment  of  any  part  of  the 
common  school,  township,  county,  or  other  school  fund,  to 
any  district  in  which  the  school  or  schools  have  not  been 
kept  according  to  law,  or  in  which  no  school  has  been  kept 
for  six  months  during  the  year  next  preceding  the  demand 
for  payment. 

§ 10.  And  the  said  state  superintendent  shall  receive  salary  of  super- 
annually  the  sum  of  fifteen  hundred  dollars,  to  be  paid  quar-  mtendent* 
terly,  as  a salary  for  the  services  required  under  the  provi- 
sions of  this  act,  or  any  other  law  that  may  be  passed,  and 
also  for  all  necessary  contingent  expenses  for  books,  postage 
and  stationery  pertaining  to  his  office,  to  be  audited  and 
paid  by  the  state,  as  the  salaries  and  contingent  expenses  of 
other  officers  are  paid. 


SCHOOL  COMMISSIONERS THEIR  ELECTION  AND  DUTIES. 

§ 11.  On  the  Tuesday  next  after  the  first  Monday  in  Election  of  school 
November  next,  and  on  the  Tuesday  next  after  the  first 
Monday  in  November,  every  two  years  thereafter,  there 
shall  be  elected,  by  the  qualified  voters  of  each  and  every 
county  in  this  state,  a school  commissioner,  who  shall  exe- 
cute the  duties  herein  required.  He  shall,  before  entering 
upon  his  duties,  take  an  oath  for  the  faithful  discharge  of  his 
duties.  He  shall,  before  entering  upon  his  duties,  execute  a 
bond,  payable  to  the  state  of  Illinois,  with  two  or  more  re-  to  give  bond, 
sponsible  freeholders  as  security,  to  be  approved  by  the 
county  court,  ( or  in  counties  adopting  the  township  organi- 
zation, by  the  board  of  supervisors,)  in  a penalty  of  not  less 
than  twelve  thousand  dollars,  to  be  increased  at  the  discre- 
tion of  said  court,  in  proportion  to  his  responsibilities,  con- 
ditioned that  he  will  faithfully  perform  all  the  duties  of 
school  commissioner  of  said  county,  according  to  the  laws 
which  are  or  may  be  in  force  ; by  which  bond  the  obligors 


1861. 


6 


shall  be  bound  jointly  and  severally,  and  upon  which  an 
action  or  actions  may  be  maintained  by  the  board  of  trus- 
tees of  the  proper  township,  for  the  use  of  any  township  or 
fund  injured  by  any  breach  thereof;  and  joint  action  may 
be  had  for  two  or  more  funds. 

§ 12.  The  bond  required  in  the  foregoing  section  shall 
be  in  the  following  form,  viz  : 


Form  of  bond. 


State  of  Illinois,  ) 

County.  \ SS' 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  F.,  are  held  and 
firmly  bound,  jointly  and  severally,  unto  the  people  of  the  state  of  Illinois, 
in  the  penal  sum  of dollars,  to  the  payment  of  which  we  bind  our- 

selves, our  heirs,  executors  and  administrators,  firmly  by  these  presents.  In 

witness  whereof  we  have  hereunto  set  our  hands  and  seals,  this day 

of , A.  D.  185—. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden 
A.  B.,  school  commissioner  of  the  county  aforesaid,  shall  faithfully  discharge 
all  the  duties  of  said  office  according  to  the  laws  which  now  are,  or  may 
hereafter  be  in  force,  and  shall  deliver  over  to  his  . successor  in  office  all 
moneys,  books,  papers  and  property  in  his  hands  as  such  school  commis- 
sioner, then  this  obligation  to  be  void ; otherwise  to  remain  in  full  force  and 
virtue. 


SEAL. 

SEAL. 

SEAL. 


And  which  bond  shall  be  filed  in  the  office  of  the  county 
court. 

Liable  to  removal  § 13.  The'  said  commissioner  shall  be  liable  to  removal 

by  the  county  court,  (or  in  counties  adopting  township  or- 
ganization, by  the  board  of  supervisors,)  for  any  palpable 
violation  of  law  or  omission  of  duty ; and  if  a majority  of 
said  court  or  board  of  supervisors  shall  at  any  time  be  satis- 
fied that  his  bond  is  insufficient,  it  shall  be  his  duty,  on 
notice,  to  execute  a new  bond,  to  be  payable,  conditioned 
and  approved  as  the  first  bond ; the  execution  of  which 
shall  not  affect  the  old  bond,  or  the  liability  of  the  security 
vacanc  to  be  fill  thereof \ and  when  the  office  of  school  commissioner  shall 
ed  by  appoint-  become  vacant,  by  death,  resignation,  or  otherwise,  the 
ment.  county  court,  or  board  of  supervisors,  shall  fill  the  same  by 

appointment  for  the  unexpired  term,  and  the  person  so  ap- 
pointed shall  hold  his  office  until  his  successor  shall  be  quali- 
fied. 

to  provide  books  § Id.  The  said  commissioner  shall  provide  three  well 
counteof  saies'of  bound  books,  to  be  known  and  designated  by  the  letters  A, 
lands  and  mo-  B,  0,  for  the  following  purposes : In  book  A he  shall  re- 
neys  received.  CQr(j  ^ jeng^  aq  petitions  presented  to  him  for  the  sale  of 
common  school  lands,  and  the  plats  and  certificates  of  valu- 
ation made  by  or  under  the  direction  of  the  trustees  of 
schools,  and  the  affidavits  in  relation  to  the  same.  In  book 
B he  shall  keep  an  account  of  all  sales  of  common  school 
lands ; which  account  shall  contain  the  date  of  sale,  name 
of  purchaser,  description  of  lands  sold,  and  the  sum  sold 
for.  In  book  C he  shall  keep  a regular  account  of  all 


A 


7 


1861. 


moneys  received  for  lands  sold,  or  otherwise,  and  loaned  or 
paid  out;  the  person  of  whom  received,  and  on  what  ac- 
count, and  showing  whether  it  is  principal  or  interest ; the 
person  to  whom  loaned,  the  time  for  which  the  loan  was 
made,  the  rate  of  interest,  the  names  of  the  securities  when 
personal  security  is  taken,  or  if  real  estate  is  taken  as  secu- 
rity, a description  of  said  real  estate,  and  if  paid  out,  to 
whom,  when,  and  on  what  account,  and  the  amount  paid 
out ; the  list  of  sales,  and  the  accounts  of  each  township 
fund  to  be  kept  separate.  Said  books  shall  be  paid  for  out 
of  the  county  treasury  of  the  counties  in  which  they  are 
used. 

§ 15.  Whenever  the  bond  of  the  township  treasurer, 
approved  by  the  board  of  trustees  of  schools,  as  required  by 
law,  shall  be  delivered  by  the  trustees  of  schools,  or  either 
of  them,  to  the  school  commissioner,  he  shall  receive  and  file 
the  same  with  the  papers  of  his  office.  He  shall  then,  on 
demand,  deliver  to  said  township  treasurer,  who  shall  re- 
ceipt therefor,  all  moneys  in  his  hands  belonging  to  said 
township ; also,  all  bonds,  mortgages,  notes  and  securities 
of  every  description,  for  money  or  property  due  or  to  be- 
come due  the  township,  and  all  papers  of  every  description 
belonging  to  or  in  anywise  pertaining  to  the  rights  or  inter- 
ests of  said  township ; and  the  receipt  of  said  treasurer  to 
the  school  commissioner  shall  be  carefully  preserved,  and 
shall  be  evidence  of  the  facts  therein  stated,  as  well  in  favor 
of  the  school  commissioner  as  against  the  township  treasurer. 

§ 16.  Upon  the  receipt  of  the  amount  due  upon  the  au- 
ditor’s warrant,  the  school  commissioner  shall  apportion 
one-third  of  said  amount  to  the  several  townships  and 
parts  of  townships  in  his  county,  in  proportion  to  the  num- 
ber of  acres  in  said  townships  and  parts  of  townships,  and 
the  remaining  two-thirds  to  the  several  townships  and  frac- 
tional townships  in  his  county,  according  to  the  number  of 
white  children,  under  twenty-one  years  of  age,  returned  to 
him,  in  which  townships  or  parts  of  townships  schools  have 
been  kept  in  accordance  with  the  provisions  of  this  act,  and 
with  the  instructions  of  the  state  and  county  superintend- 
ents, and  shall  pay  over  the  distributive  share  belonging  to 
each  township  and  fractional  township,  as  aforesaid,  to  the 
respective  township  treasurers,  or  other  authorized  persons, 
annually.  When  there  is  a county  fund  in  the  hands  of  any 
school  commissioner,  it  shall  be  loaned,  and  the  interest  ap- 
plied as  provided  in  this  section  with  respect  to  the  interest 
on  the  state  fund. 

§ 17.  The  school  commissioner  shall  also,  on  or  before 
the  second  Monday  of  November,  before  each  regular  ses- 
sion of  the  general  assembly,  or  annually,  if  so  required 
by  the  state  superintendent,  communicate  to  said  superin- 
tendent all  such  information  and  statistics  upon  the  subjects 
of  schools  in  the  county  as  the  said  superintendent  is  bound 


Bond  of  township 
treasurer. 


School  commis- 
sioner to  appor- 
tion state  funds. 


To  report  to  su- 
perintendent. 


1861. 


8 


To  deliver  over 
money  and  pro- 
perty to  succes- 
sors. 


To  loan  funds. 


To  visit  schools 
in  his  county. 


Controversies— 
method  of  ad- 
justment. 


Duty,  in  case  of 
failure  to  make 
returns. 


to  embody  in  his  report  to  the  governor,  and  such  other 
information  as  the  state  superintendent  shall  require. 

§ 18.  The  school  commissioner,  upon  his  removal  or 
resignation,  or  at  the  expiration  of  his  term  of  service,  (or 
in  case  of  his  death,  his  representatives,)  shall  deliver  over 
to  his  successor  in  office,  on  demand,  all  moneys,  books,  pa- 
pers and  personal  property,  belonging  to  the  office,  or  sub- 
ject to  the  control  or  disposition  of  the  school  commissioner. 

§ 19.  The  school  commissioner  may  loan  any  money, 
not  interest,  belonging  to  the  county  fund,  before  the  same 
is  called  for  according  to  law  by  the  township  treasurer,  at 
the  same  rate  of  interest,  upon  the  same  security  and  for 
the  same  length  of  time  as  is  provided  by  this  act  in  relation 
to  the  township  treasurers  ; and  notes  and  mortgages  taken 
in  the  name  of  the  “school  commissioner”  of  the  proper 
county,  shall  be,  and  all  loans  heretofore  made  in  the  name 
of  “school  commissioners,”  are  hereby,  declared  to  be  as 
valid  as  if  taken  in  the  name  of  “trustees  of  schools”  of  the 
proper  township,  and  suits  may  be  brought  in  the  name  of 
“school  commissioners”  on  all  notes  and  mortgages  hereto- 
fore or  hereafter  made  payable  to  school  commissioners. 

§ 20.  It  shall  be  the  duty  of  the  school  commissioner  to 
visit,  as  often  as  practicable,  the  several  schools  of  his  county, 
and  to  note  the  common  method  of  instruction  and  branches 
taught,  and  give  such  directions  in  the  art  of  teaching,  and 
the  method  thereof,  in  each  school,  as  to  him,  together  with 
the  directors,  shall  be  deemed  expedient  and  necessary,  so 
that  each  school  shall  be  equal  to  the  grade  for  which  it  was 
established,  and  that  there  may  be,  as  far  as  practicable,  uni- 
formity in  the  course  of  studies  in  the  schools  of  the  several 
grades  respectively,  and  shall  carry  out  the  advice  and  in- 
structions of  the  state  superintendent.  All  questions  and 
controversies  arising  under  the  school  law,  in  the  several 
counties,  shall  first  be  submitted  to  the  school  commissioner, 
for  his  opinion  and  advice ; whence  appeal  may  be  taken  to 
the  state  superintendent,  upon  a written  statement  of  facts, 
subscribed  by  the  school  commissioner  and  certified  by  rep- 
resentatives of  each  party  concerned : Provided , that  nothing 
in  this  act  shall  be  construed  to  vest  the  school  commis- 
sioners or  superintendent  with  judicial  power. 

§ 21.  In  all  cases  where  the  township  board  of  trustees 
of  any  township  shall  fail  to  prepare  and  forward,  or  cause 
to  be  prepared  and  forwarded,  to  the  school  commissioner, 
the  information  and  statistics  required  of  them  in  this  act, 
it  shall  be  the  duty  of  said  school  commissioner  to  employ  a 
competent  person  to  take  the  enumeration,  and  furnish  said 
statistical  statement,  as  far  as  practicable,  to  the  commis- 
sioner ; and  said  person  so  employed  shall  have  free  access 
to  the  books  and  papers  of  said  township,  to  enable  him  to 
make  such  statement ; and  the  township  treasurer,  or  other 
officer  or  person  in  whose  custody  such  books  and  papers 


9 


1861. 


may  be,  shall  permit  said  person  to  examine  such  books  and 
papers,  at  such  times  and  places  as  such  person  may  desire, 
for  the  purposes  aforesaid ; and  the  said  school  commissioner  compensation, 
shall  allow,  and  pay,  to  the  person  so  employed  by  him,  for 
the  services,  such  amount  as  he  may  judge  reasonable,  out 
of  any  money  which  is  or  may  come  into  said  commis- 
sioner’s hands,  apportioned  as  the  share  of  or  belonging  to 
such  township ; and  the  said  school  commissioner  shall  pro- 
ceed to  recover  and  collect  the  amount  so  allowed  or  paid 
for  such  services,  in  a civil  action  before  any  justice  of  the 
peace  in  the  county,  or  before  any  court  having  jurisdic- 
tion, in  the  name  of  the  people  of  the  state  of  Illinois,  of 
and  against  the  trustees  of  schools  of  said  township,  in 
their  individual  capacity ; and  in  such  suit  or  suits  the  said 
school  commissioner  and  township  treasurer  shall  be  com- 
petent witnesses ; and  the  money  so  recovered,  when  col- 
lected, shall  be  paid  over  to  the  school  commissioner,  for  the 
benefit  of  said  township,  to  replace  the  money  taken  as 
aforesaid. 

§ 22.  When  any  real  estate  shall  have  been  taken  for  ^tyaterese11  real 
debts  due  to  any  school  fund,  the  title  to  which  real  estate  es  a 
has  become  vested  in  any  school  commissioner,  or  trustees 
of  schools,  for  the  use  of  the  inhabitants  of  two  or  more 
townships,  the  school  commissioner  may  resell  such  real 
estate  for  the  benefit  of  said  townships,  under  the  provisions 
of  this  act  regulating  the  sale  of  the  common  school  lands; 

* and  the  said  commissioner  is  hereby  authorized  to  execute 
conveyances  to  purchasers;  and  said  commissioner  shall  be 
entitled  to  retain  the  same  per  centage  on  the  amount  of 
such  sale,  out  of  the  assets  thereof,  as  he  is  entitled  to  for 
selling  the  common  school  lands. 

TOWNSHIPS — TRUSTEES  OF  SCHOOLS. 

§ 23.  Each  congressional  township,  as  surveyed  and  laid  T^epoliti?ade 
off  by  authority  of  the  United  States,  is  hereby  established 
a township  for  school  purposes.  The  business  of  the  town- 
ship shall  be  done  by  three  trustees,  to  be  elected  by  the 
legal  voters  of  the  township  ; and  the  said  township,  upon 
the  election  of  trustees,  as  aforesaid,  as  hereinafter  provided 
for,  shall  be  a body  corporate  and  politic,  by  the  name  and 

style  of  “trustees  of  schools  of  township , range ,” 

according  to  the  number.  The  said  corporation  shall  have 
perpetual  existence,  and  shall  have  power  to  sue  and  be 
sued,  to  plead  and  be  impleaded,  in  all  courts  and  places 
where  judicial  proceedings  are  had.  Said  trustees  shall 
continue  in  office  two  years,  and  until  others  are  elected  and 
enter  upon  the  duties  of  their  office. 

§ 24.  No  person  shall  be  eligible  to  the  office  of  trustee  Eligibility  of  trus- 
of  schools,  unless  he  shall  be  twenty-one  years  of  age,  and  tees' 
a resident  of  the  township. 


1861. 


10 


Election  of  trus-  § 25.  The  election  of  trustees  of  schools  shall  be  on  the 
tees*  second  Monday  in  October,  biennially,  but  in  townships 

where  such  election  has  not  been  heretofore  had,  or  where 
there  are  no  trustees  of  schools,  the  election  of  trustees  of 
schools  may  be  holden  on  any  Monday  ; notice  being  given 
as  hereinafter  in  this  section  required.  The  first  election 
shall  be  ordered,  if  in  townships  already  incorporated,  by 
the  trustees  of  schools  of  the  township,  the  township  treas- 
urer giving  notice  of  tire  time  and  place,  by  posting  up  no- 
tices of  the  same  at  least  ten  days  previous  to  the  day  of 
election,  at  or  in  the  school  house,  or  in  the  most  public 
place  in  every  school  district  in  the  township.  If  there  are 
no  trustees  of  schools  in  a township,  the  clerk  of  the  county 
court  shall  cause  the  notice  to  be  given  as  aforeaaid.  For 
all  subsequent  elections,  the  like  notices  shall  be  given  by 
the  trustees  of  schools,  through  the  township  treasurer: 
proviso.  Provided , that  if,  upon  any  day  appointed  as  aforesaid,  for 

election  aforesaid,  the  said  trustees  of  schools,  or  judges, 
shall  be  of  opinion  that,  on  account  of  the  small  attendance 
of  voters,  the  public  good  requires  it,  or  if  the  voters  pro- 
sent,  or  a majority  of  them,  shall  desire  it,  they  shall  post- 
pone said  election  until  the  next  Monday,  and  at  the  same 
place  and  hour ; at  which  meeting  the  voters  shall  proceed 
as  if  it  were  not  a postponed  or  adjourned  meeting  : And , 
Further  proviso  provided  also , that  if  notice  shall  not  have  been  given  as 
above  required,  then,  and  in  that  case,  said  election  may  be 
ordered  as  aforesaid,  and  holden  on  the  first  Monday  in 
November,  or  any  other  Monday ; notice  thereof  being  given 
as  aforesaid. 

judges  and  clerks  § 26.  Two  of  the  trustees  of  schools  of  incorporated 

townships,  if  present,  shall  act  as  judges,  and  one  as  clerk 
> of  said  election.  If  said  trustees  shall  fail  to  attend,  or  re- 
fuse to  act  when  present,  and  in  townships  unincorporated, 
the  qualified  voters  present  shall  choose  from  amongst  them- 
selves, three  judges  and  a clerk  to  open  and  conduct  said 
election. 


Time,  &c.,  of  § 27.  The  time  and  manner  of  opening,  conducting  and 
election.  closing  said  election,  and  the  several  liabilities  appertaining 
to  the  judges  and  clerks,  and  to  the  voters  separately  and 
collectively,  and  the  manner  of  contesting  said  elections, 
shall  be  the  same  as  prescribed  by  the  general  election  laws 
of  this  state,  defining  the  manner  of  electing  magistrates 
and  constables,  so  far  as  applicable,  subject  to  the  provisions 
of  this  act : Provided,  the  judges  may  close  said  election  at 
four  o’clock  p.  m. 

§ 28.  No  person  shall  vote  at  said  election  unless  he 
possesses  the  qualification  of  a voter  at  a general  election. 
Tie.  In  case  of  a tie  at  such  election  it  shall  be  determined  by 

lot,  on  the  day  of  election,  by  the  judges  thereof, 
vacancy.  § 29.  When  a vacancy  or  vacancies  shall  occur  in  the 

board  of  trustees  of  schools,  the  remaining  trustee  or  trus- 


■i 


>• 


11 


1861. 


tees  shall  order  an  election  to  till  such  vacancy,  upon  any 
Monday ; notice  to  be  given  as  required  in  section  twenty- 
five  hereof. 

§ 30.  Upon  the  election  of  trustees  of  schools,  the  Poll  book  deliver- 
judgeS  of  the  election  shall  cause  the  poll  book  of  said  elec-  skmer.  cotmma‘ 
tion  to  be  delivered  to  the  school  commissioner  of  the 
county,  with  a certificate  thereon  showing  the  election  of 
said  trustees,  and  names  of  the  persons  elected  ; which  poll 
book,  with  the  certificate,  shall  be  filed  by  said  commission- 
er, and  shall  be  evidence  of  such  election. 

§ 31.  The  said  trustees  of  schools,  elected  as  aforesaid,  P^S2!SS?8 
shall  be  successors  to  the  trustees  of  school  lands,  appointed 
f by  the  county  commissioners5  court,  and  of  trustees  of 
schools  elected  in  townships  under  the  provisions  of  “An 
act  making  provisions  for  organizing  and  maintaining  com- 
mon schools,55  approved  February  26,  1841,  and  of  “An  act 
to  establish  and  maintain  common  schools,55  approved  March 
1,  1847.  All  rights  of  property,  and  rights  and  causes  of 
action,  existing  or  vested  in  the  trustees  of  school  lands,  or 
trustees  of  schools  appointed  or  elected  as  aforesaid  for  the 
use  of  the  inhabitants  of  the  township,  or  any  part  of  them, 
shall  vest  in  the  trustees  of  schools  as  successors,  in  as  full 
and  complete  a manner  as  was  vested  in  the  school  commis- 
sioner, [ the  trustees  of  school  lands,  ] or  the  trustees  of 
schools  appointed  and  elected  as  aforesaid. 

§ 32.  It  shall  be  the  duty  of  the  township  board  of  trus-  Meeting  of  trus- 
K tees  to  hold  regular  semi-annual  sessions  on  the  first  Mon-  tees* 
days  of  April  and  October  in  each  year,  and  may  meet  at 
such  other  times,  and  at  such  other  places  as  they  may 
think  proper ; and  the  president  of  the  board,  or  any  two 
members  thereof,  may  call  a special  meeting  of  the  board ; 
and  at  all  meetings  of  the  board,  two  of  its  members  shall 
constitute  a quorum  to  transact  any  business.  Said  board 
shall  organize  by  appointing  one  of  their  number  president, 
and  some  person,  who  shall  not  be  a director  or  member  of 
the  board,  township  treasurer,  who  shall  be  ex  officio  clerk  of  cierk of  board, 
the  board.  The  said  president  and  township  treasurer  shall 
hold  their  respective  offices  during  the  term  for  which  that 
board  of  trustees,  by  which  they  are  appointed,  shall  have 
been  elected,  and  until  their  successors  are  appointed,  and 
until  their  newly  appointed  treasurer  has  given  bond  as  re- 
quired by  this  act ; either  of  said  officers,  however,  for  good 
cause,  may  be  removed  by  the  board.  It  shall  be  the  duty 
of  the  president,  when  present,  to  preside  at  the  meetings 
of  the  board ; and  it  shall  be  the  duty  of  the  clerk  to  be 
present  at  all  meetings  of  the  board,  and  to  record  in  a book 
to  be  provided  for  the  purpose,  all  their  official  proceedings, 
which  shall  be  a public  record,  open  to  the  inspection  of  any 
person  interested  therein ; and  all  said  proceedings,  when 
recorded,  shall  be  signed  by  the  president  and  clerk.  If  the 
president  or  clerk  shall  be  absent,  or  refuse  to  perform  any 


1861. 


12 


To  prepare  map, 
&c. 


School  districts 
may  be  formed 
from  two  or  more 
townships. 


Funds  to  he  divi- 
ded in  propor- 
tion to  taxes  col- 
lected. 


Trustees  to  distri 
bute  funds. 


Pupils  — how 
t transferred. 


Schedules  — how 
returned  and 
paid — to  be  ta- 
ken as  evidence 
of  credit. 


of  the  duties  of  his  office  at  any  meeting  of  the  board,  a pre- 
sident or  clerk,  pro  tempore , may  be  appointed. 

§ 33.  Trustees  of  schools  shall  lay  off*  the  township  into 
districts  to  suit  the  wishes  and  convenience  of  a majority  of 
the  inhabitants  of  their  townships,  and  shall  prepare,  or 
cause  to  be  prepared,  a map  of  their  township,  as  often  as 
may  be  necessary,  on  wThich  shall  be  designated  districts,  to 

be  styled  district  No. , in  township  No.  , which 

they  may  alter  or  change  at  any  regular  session  ; which 
map  shall  be  certified  by  the  president  and  clerk  of  the 
board,  and  filed  with  and  recorded  by  the  county  clerk,  in 
a book  to  be  kept  for  that  purpose,  to  be  paid  for  out  of  the 
county  treasury:  Provided , that  school  districts  may  be 
formed  out  of  parts  of  two  or  more  townships  or  fractional 
townships ; in  which  case  the  trustees  of  the  schools  of  the 
townships  interested  shall  act  in  conjunction  in  the  forma- 
tion of  such  district.  When  a new  district  is  formed  from 
one  or  more  districts,  the  trustees  shall  make  division  of 
any  tax  funds  which  are,  or  may  be,  in  the  hands  of  any 
officer,  in  proportion  to  the  amount  of  taxes  collected  from 
the  property  remaining  in  each  district ; and  it  shall  be  the 
duty  of  the  officer  to  pay  the  same  on  the  order  of  the 
trustees. 

34.  At  each  meeting  on  the  first  Monday  of  April  and 
October,  the  trustees,  having  ascertained  the  amount  of  state, 
county  and  township  funds,  on  hand  and  ready  for  distribu- 
tion, shall  apportion  the  same  as  follows : First , two  per 
cent,  to  the  township  treasurer:  Second , whatever  may  be 
due  for  the  books  of  the  treasurer : Third , any  reasonable 
amount  for  di  viding  school  lands,  making  plats,  &c.:  Fourth , 
of  the  balance,  one  half  shall  be  divided  among  the  districts, 
in  proportion  to  the  number  of  children,  under  twenty-one,  in 
each,  and  the  other  half  in  proportion  to  the  attendance  cer- 
tified in  the  schedules.  Thereupon,  the  township  treasurer 
shall  pay  out  the  money  to  the  several  persons  to  whom  it 
shall  be  distributed,  and  hold  the  balance,  if  any,  apportioned 
on  the  schedules,  subject  to  the  order  of  the  directors  of  the 
proper  district.  They  shall  also  ascertain  the  amount  of 
district  tax  money  in  the  hands  of  the  treasurer,  and  direct 
him  to  pay  over  the  same  on  the  order  of  the  directors  of 
the  district  to  which  it  belongs. 

§ 35.  Pupils  may  be  transferred  from  one  district  to  anoth- 
er, either  in  the  same  or  in  different  townships,  only  upon  the 
written  consent  of  the  directors  of  both  districts.  The  school 
thus  formed  shall  be  under  the  control  of  the  directors  of 
the  district  in  which  it  is  kept.  A separate  schedule  shall 
be  kept  for  each  district,  upon  the  return  of  which  to  the 
trustees  of  the  proper  township,  they  shall  instruct  their 
treasurer  to  pay  the  amount  certified  in  said  schedule  to  be 
due,  to  the  teacher  entitled  thereto;  and  such  separate  sched- 
ule, duly  certified,  shall  be  taken  by  the  several  boards  of 


13 


1861. 


trustees  and  their  treasurers,  as  evidence  of  the  consent  of 
directors,  unless  objection  be  made,  in  writing,  by  two  di- 
rectors of  one  of  the  districts  concerned.  The  aforesaid 
written  permits  shall  be  returned  to  and  filed  by  the  teacher 
of  said  school,  and  shall  be  evidence  of  said  permission. 

But  a majority  of  the  directors  of  the  several  districts  may 
unite  the  whole,  or  a part  of  each,  into  one,  and  place  the 
school  under  the  control  of  the  [three]  persons  whom  they 
may  appoint,  and  who  shall  be  styled  “Directors  of  Union 

School,  in  District  No. , in  Township  No. ,”  who 

shall  be  a body  politic  and  corporate,  with  full  power  to  levy 
taxes  in  the  territory  composing  the  Union  District,  and 
with  all  other  powers  conferred  by  this  act  upon  directors. 

§ 36.  The  board  of  trustees  of  each  township  in  this  ^nty  commis- 
state  shall  prepare,  or  cause  to  be  prepared  by  the  township  loners, 
treasurer,  the  clerk  of  the  board  or  other  person,  and  for- 
warded to  the  school  commissioners  of  the  county  in  which 
the  township  lies,  on  or  before  the  second  Monday  of  Octo- 
ber, preceding  each  regular  session  of  the  general  assembly 
of  this  state,  and  at  such  other  times  as  may  be  required  by 
the  school  commissioner,  or  by  the  state  superintendent  of 
public  instruction,  a statement,  exhibiting  the  condition  of 
schools  in  their  respective  townships  for  the  preceding  bien- 
nial period,  giving  separately  each  year,  commencing  on  the 
first  Mondays  of  October  and  ending  on  the  last  of  Septem- 
ber; which  statement  shall  be  as  follows  : 1st.  The  whole  No-  of  schools. 

^ number  of  schools  which  have  been  taught  in  each  year ; 
what  part  of  said  number  have  been  taught  by  males  exclu- 
sively ; what  part  have  been  taught  by  females  exclusively ; 
what  part  of  said  whole  number  have  been  taught  by  males 
and  females  at  the  same  time,  and  what  part  by  males  and 
females  at  different  periods.  2d.  The  whole  number  of No* of  8cholars* 
scholars  in  attendance  at  all  the  schools,  giving  the  number 
of  males  and  females  separately.  3d.  The  number  of  male  no.  of  teachers, 
and  female  teachers,  giving  each  separately;  the  highest, 
lowest  and  average  monthly  compensation  paid  to  male  and 
female  teachers,  giving  each  item  separately.  4th.  The  no.  of  persons, 
number  of  persons  under  twenty-one  years  of  age.  5th. 

The  amount  of  the  principal  of  the  township  fund;  the  Amount  of  funds, 
amount  of  the  interest  on  the  township  fund  paid  into  the 
township  treasury ; the  amount  of  state  or  common  school 
fund  received  by  the  township  treasurer ; the  amount  raised 
by  ad  valorem  tax,  and  the  amount  of  such  tax  received  into 
the  township  treasury,  and  the  amount  of  all  other  funds 
received  into  the  township  treasury.  6th.  Amount  paid  Paid  out. 
for  teachers’  wages ; the  amount  paid  for  school  house  lots ; 
the  amount  paid  for  building,  repairing,  purchasing,  renting 
and  furnishing  school  houses;  the  amount  paid  for  school 
apparatus,  for  books  and  other  incidental  expenses  for  the 
use  of  school  libraries;  the  amount  paid  as  compensation  to 
township  officers  and  others.  7th.  The  whole  amount  of 


1861. 


14 


Other  information 
as  required  by 
the  superinten- 
dent. 


Separate  enumer- 
ation to  be  made. 


Books  and  vouch- 
ers to  be  exam- 
ined. 


Donations. 


The  control  of 
school  houses 
vested  in  the 
board  of  direc- 
tors. 


the  receipts  and  expenditures  for  school  purposes,  together 
with  such  other  statistics  and  information  in  regard  to 
schools  as  the  state  superintendent  or  school  commissioner 
may  require. 

§ 37.  In  all  cases  where  a township  is  or  shall  be  divided 
by  a county  line  or  lines,  the  board  of  trustees  of  such  town- 
ship shall  make,  or  cause  to  be  made  separate  enumerations 
of  male  and  female  white  persons  of  the  ages  as  directed  in 
the  foregoing  section  of  this  act,  designating  separately  the 
number  residing  in  each  of  the  counties  in  which  such  town- 
ship may  lie,  and  forward  each  respective  number  to  the 
proper  school  commissioner  of  each  of  said  counties;  and  in 
like  manner,  as  far  as  practicable,  all  other  statistics  and 
information  enumerated  and  required  to  be  reported  in  the 
aforesaid  section,  shall  be  separately  reported  to  the  several 
school  commissioners ; and  all  such  parts  of  said  statistica 
information  as  are  not  susceptible  of  division,  and  are  im- 
practicable to  be  reported  separately,  shall  be  reported  to 
the  school  commissioner  of  the  county  in  which  the  sixteenth 
section  of  such  township  is  situated. 

§ 38.  At  each  semi-annual  meeting,  and  at  such  other 
meetings  as  they  may  think  proper,  the  said  township  board 
shall  examine  all  books,  notes,  mortgages,  securities,  papers, 
moneys  and  effects  of  the  corporation,  and  the  accounts  and 
vouchers  of  the  township  treasurer,  or  other  township  school 
officer,  and  shall  make  such  order  thereon  for  their  security, 
preservation,  collection,  correction  of  errors,  if  any,  and  for  x 
their  proper  management,  as  may  seem  to  said  board 
necessary. 

§ 39.  The  board  of  trustees  of  each  township  in  the  state 
may  receive  any  gift,  grant,  donation  or  demise  made  for 
the  use  of  any  school  or  schools,  or  library,  or  other  school 
purposes  within  their  jurisdiction ; and  they  shall  be,  and 
are  hereby  invested,  in  their  corporate  capacity,  with  the 
title,  care  and  custody  of  all  school  houses  and  school  house 
sites;  but  the  supervision  and  control  of  them  is  expressly 
vested  in  the  directors  of  each  district  in  which  said  property 
is  situated ; and  when,  in  the  opinion  of  the  school  directors, 
the  school  house  site  has  become  unnecessary;  or  unsuitable, 
or  inconvenient  for  a school,  said  board  shall  sell  and  con- 
vey the  same  in  the  name  of  the  said  board,  after  giving  at 
least  twenty  days’  notice  of  such  sale,  by  posting  up  written 
or  printed  notices  thereof,  particularly  describing  said  pro- 
perty and  terms  of  sale,  and  such  conveyance  shall  be  exe- 
cuted by  the  president  and  clerk  of  said  board,  and  the 
avails  shall  be  paid  over  to  the  township  treasurer  for  the 
benefit  of  said  district ; and  all  conveyances  of  real  estate, 
which  may  be  made  to  said  board  shall  be  made  to  said 
board  in  their  corporate  name,  and  to  their  successors  in 
office.  When  any  two  or  more  districts  shall  be  consolida- 
ted into  one,  the  new  district  shall  own  all  the  corporate 


15 


1861. 


property  of  the  several  districts;  and  when  a district  shall 
be  divided,  or  a portion  set  off  to  another  district,  the  funds, 
property  or  the  income  and  the  proceeds  thereof  belonging 
to  such  district  shall  be  distributed  or  adjusted  among  the 
several  parts  by  the  trustees  of  the  town  or  towns  to  which 
such  district  belongs,  and  in  a just  and  equitable  manner. 

§ 40.  The  township  board  shall  cause  all  moneys  for  the  ^ townsWpti-e^ 
use  of  the  township  to  be  paid  over  to  the  township  treas-  surer, 
urer.  They  shall  have  power,  also,  to  remove  the  township 
treasurer  at  any  time,  for  any  failure  or  refusal  to  execute  or 
comply  with  any  order  or  requisition  of  said  board,  legally 
made,  or  any  other  improper  conduct  in  the  discharge  of 
his  duty  as  treasurer,  or  at  any  time  they  may  deem  such 
t removal  expedient.  They  shall  also  have  power,  for  any 
failure  or  refusal  as  aforesaid,  to  sue  him  upon  his  bond. 

§ 41.  The  township  trustees  are  hereby  vested  with  gen-  Trustees  to  pur- 
eral  power  and  authority  to  purchase  real  estate,  if  in  their  chaserealestate* 
opinion  the  interests  of  the  township  fund  will  be  promoted 
thereby,  in  satisfaction  of  any  judgment  or  decree  wherein 
the  said  board  or  school  commissioner  are  plaintiffs  or  com- 
plainants; and  the  title  of  such  real  estate  so  purchased 
shall  vest  in  said  board,  for  the  use  of  the  inhabitants  of 
said  township,  for  school  purposes;  and  all  purchases  of 
land  heretofore  made  by  school  commissioners,  or  trustees  of 
school  lands,  or  trustees  of  schools,  for  the  use  of  any  fund 
or  township  for  the  use  of  schools,  are  hereby  declared  valid. 

^ The  said  board  are  hereby  vested  with  general  power  and 
authority  to  make  all  settlements  with  persons  indebted  to 
them  in  their  official  capacity ; or  receive  deeds  of  real  estate 
in  compromise ; and  to  cancel  in  such  manner  as  they  may 
think  proper,  notes,  bonds,  mortgages,  judgments  and  de- 
crees, existing,  or  that  may  hereafter  exist,  for  the  benefit 
of  the  township,  when  the  interest  of  said  township  or  the 
fund  concerned,  shall,  in  their  opinion,  require  it;  and  their 
action  shall  be  valid.  Said  board  of  trustees  are  hereby 
authorized  to  sell  or  lease,  at  public  auction,  any  land  that 
may  come  into  their  possession,  in  such  manner  and  on  such 
^ terms  as  they  shall  deem  for  the  interest  of  the  township : 

Provided , that  in  all  cases  of  sale  of  land,  as  provided  in  Proviso 
this  section,  the  sale  shall  be  made  at  the  same  place,  and 
notice  given  of  it  in  the  same  manner  as  is  provided  in  this 
r act  for  the  sale  of  the  sixteenth  section. 

SCHOOL  DIRECTORS — THEIR  ELECTION  AND  DUTIES. 

§ 42.  The  annual  election  of  school  directors  shall  be  Election  of  direc- 
on  the  first  Monday  of  August,  when  one  director  shall  be  torb' 
elected  in  each  district,  who  shall  hold  his  office  for  three 
years,  and  until  his  successor  is  elected.  In  new  districts 
the  first  election  may  be  on  any  Monday,  notice  being  given  n0  ice 
by  the  township  treasurer,  as  for  the  election  of  trustees, 


1816. 


16 


when  three  directors  shall  be  elected,  who  shall,  at  their 
Lots  to  be  drawn.  nrst  meeting,  draw  lots  for  their  respective  terms  of  office, 
Vacancies  to  be  for  one,  two,  and  three  years.  When  vacancies  occur,  the 
fined.  remaining  director  or  directors  shall,  without  delay,  order 

Notice  to  be  given  an  election  to  fill  such  vacancies.  Notices  of  all  elections 
in  organized  districts  shall  be  given  by  the  directors,  at  least 
ten  days  previous  to  the  day  of  said  election.  Said  notices 
shall  be  posted  in  at  least  three  of  the  most  public  places  in 
the  district,  and  shall  specify  the  place  where  such  election 
is  to  be  held,  the  time  of  opening  and  closing  the  polls  and 
judges  and  clerk  the  question  or  questions  to  be  voted  on.  Two  of  the  direc- 
tors shall  act  as  judges  and  one  as  clerk  of  said  election. 
But,  if  said  directors  shall  fail  to  attend,  or  refuse  to  act, 
when  present,  and  in  unorganized  districts,  the  legal  voters 
when  assembled  shall  choose  three  of  their  number  to  act 
Election  may  be  as  judges,  and  011  e as  clerk  of  said  election:  Provided , that 
postponed.  if  upon  the  day  appointed  for  said  election,  the  said  direc- 
tors or  judges  shall  be  of  opinion,  that,  on  account  of  the 
small  attendance  of  voters,  the  public  good  requires  it,  or  if 
the  voters  present,  or  a majority  of  them,  shall  desire  it, 
they  shall  postpone  said  election  until  the  next  Monday,  at 
the  same  place  and  hour,  when  the  voters  shall  proceed  as 
if  it  were  not  an  adjourned  meeting : And , provided , also, 
that  if  notice  shall  not  have  been  given,  as  above  required, 
then  said  election  may  be  ordered  as  aforesaid,  and  holden 
on  the  third  Monday  in  August,  or  any  other  Monday,  no- 
Tie-how  decided  tice  thereof  being  given  as  aforesaid.  In  case  of  a tie  the 
judges  shall  decide  it,  by  lot,  on  the  day  of  election.  The 
C~wsduUese.ct°rs  directors  shall  appoint  one  of  their  number  clerk,  who  shall 
keep  a record  of  all  the  official  acts  of  the  board,  in  a well 
bound  book,  provided  for  the  purpose;  which  record  shall 
be  submitted  to  the  township  treasurer,  for  his  inspection 
and  approval,  on  the  first  Mondays  of  April  and  October, 
and  at  such  other  times  as  the  township  treasurer  may  re- 
Recordtobekept  quire.  Directors  are  authorized  to  use  any  funds  belonging 
m suitable  book.  £0  <Tistrict,  and  not  otherwise  appropriated,  fur  the  pur- 
chase of  a suitable  book  for  their  records,  and  the  said  re- 
cords shall  be  kept  in  a punctual,  orderly  and  reliable  man- 
who  mayvoteto  ner.  No  person  shall  be  entitled  to  vote  at  any  district 
raise  money,  election,  on  the  question  of  raising  money,  unless  he  shall 
have  resided  in  the  district  at  least  thirty  days  immediately 
preceding  said  election,  nor  unless  he  shall  have  paid  a tax 
in  said  district  the  preceding  year,  or  shall  have  been  as- 
sessed in  such  district  for  the  year  in  which  such  election  is 
Poii  book  and  held.  After  every  election  of  directors,  the  judges  shall 
returned?  to  be  cause  the  poll  book  to  be  delivered  to  the  township  treasurer, 
with  a certificate  thereon  showing  the  election  of  said  direc- 
tors and  names  of  the  persons  elected;  which  poll  book  shall 
be  filed  by  the  township  treasurer,  and  shall  be  evidence  of 
Must  be  a resident  said  election.  If  any  trustee  or  director  shall  not  be  an  in- 
habitant of  the  district  or  township  which  he  represents,  an 


17 


1861. 


election  sliall  be  ordered  to  fill  the  vacancy,  and  no  person 
shall  be  at  the  same  time  a director  and  trustee,  nor  shall  a 
director  or  trustee  be  interested  in  any  contract  made  by 
the  board  of  which  he  is  a member. 

§ 43.  For  the  purpose  of  establishing  and  supporting 
free  schools  for  six  months,  and  defraying  all  the  expenses 
of  the  same,  of  every  description  ; for  the  purpose  of  repair- 
ing and  improving  school  houses ; of  procuring  furniture, 
fuel,  libraries  and  apparatus ; and  for  all  other  necessary 
incidental  expenses,  the  directors  of  each  district  shall  be 
authorized  to  levy  a tax,  annually,  upon  all  the  taxable  pro- 
perty of  the  ’district.  They  may  also  appropriate  to  the  pur- 
chase of  libraries  and  apparatus,  any  surplus  funds,  after 
[all]  necessary  school  expenses  are  paid. 

§ 44.  At  any  meeting  prior  to  the  second  Monday  of 
September,  annually,  the  directors  of  each  district  shall  as- 
certain how  much  money  must  be  raised  by  special  district 
tax  for  school  purposes  during  the  ensuing  year.  They  shall 
then  find  what  rate  per  cent,  this  amount  will  require  to  be 
levied ; which  rate,  together  with  a list  of  the  resident  tax 
payers,  shall  be  certified  and  returned  to  the  clerk  of  the 
county  court,  on  or  before  the  second  Monday  of  September. 
The  certificate  may  be  in  the  following  form: 

“We  hereby  certify,  that  we  require  the  rate  of to  be  levied,  for 

school  purposes,  on  all  the  taxable  property  of  our  district,  for  the  year  18 — . 

Given  under  our  hands  this day  of , 18 — . 

A.  B.  ) Directors  district  No.  , township 

0.  D.  v No.  , range  No. , county 

E.  F.  ) of , and  state  of  Illinois.” 

The  money  thus  raised  shall  be  appropriated  by  the 
directors  to  the  various  objects  for  which  it  was  intended. 

§ 45.  According  to  the  rate  or  rates  certified  as  afore- 
said, the  said  county  clerk,  when  making  out  the  tax  books 
for  the  collector,  should  compute  each  taxable  person’s  tax 
in  said  district,  taking  as  a basis  the  total  amount  of  taxable 
property  returned  by  the  county  assessor  for  that  year,  lying 
and  being  in  said  district,  whether  belonging  to  residents  or 
nonresidents,  and  also  each  and  every  tract  of  land  assessed 
by  the  assessor,  which  lies,  or  the  largest  part  of  which  lies 
in  said  district.  The  said  county  clerk  shall  cause  each 
r person’s  tax  so  computed  to  be  set  upon  the  tax  book,  to  be 
delivered  to  the  collector  for  that  year,  in  a separate  column, 
against  each  tax  payer’s  name,  or  parcel  of  taxable  property, 
as  it  appears  in  said  collector’s  book,  to  be  collected  in  the 
same  manner,  and  at  the  same  time,  and  by  the  same  per- 
sons, as  state  and  county  taxes  are  collected  : Provided , the 
assessments  so  made  in  the  years  intervening  between  the 
regular  biennial  assessments  of  real  estate  as  provided  in 
the  revenue  acts,  shall  be  based  upon  the  tax  payer’s  real 
estate  as  assessed  at  the  regular  biennial  assessment.  The 

—2 


Directors  may- 
levy  taxes  for 
certain  purposes 


Directors  to  make 
estimate  of  funds 
required. 


Certificate. 


Duty  of  county 
clerk. 


Provis#, 


1861. 


18 


Districts  compo- 
sed of  two  or 
more  townships. 


Penalty. 


Proviso. 


Certificate  to  be 
made  to  county 
clerk. 


computations  of  each  person’s  tax,  and  the  levy  made  by 
the  clerk,  as  aforesaid,  shall  be  final  and  conclusive : Pro- 
vided, further , the  rate  shall  be  uniform,  and  shall  not 
exceed  the  rate  certified  by  the  board  of  directors ; and  the 
said  county  clerk,  before  delivering  the  tax  book  to  the  col- 
lector, shall  make  out  and  deliver,  on  demand,  to  each  town- 
ship treasurer,  of  the  respective  townships  in  the  county,  a 
certificate  of  the  amount  due  each  district  in  his  township, 
of  said  tax  so  levied  and  placed  upon  the  tax  books ; and 
on  or  before  the  first  day  of*  April  next  after  the  delivery  of 
the  tax  books  containing  the  computation  and  levy  of  said 
taxes  aforesaid,  or  so  soon  thereafter  as  the  township  treas- 
urer shall  present  the  said  certificate  of  the  amount  of  said 
tax,  and  make  a demand  therefor,  the  said  collector  shall 
pay  to  said  township  treasurer  the  full  amount  of  said  tax, 
so  certified  by  the  county  clerk,  retaining  from  said  amount 
only  two  per  centum,  as  his  fees  for  collection,  taking  of 
the  township  treasurer  his  receipt  therefor,  which  receipt 
shall  be  evidence,  as  well  in  favor  of  the  collector  as  against 
the  township  treasurer ; and  said  treasurer  shall  enter  the 
same  in  his  books,  under  the  proper  heads,  and  pay  the 
same  out  as  provided  for  by  this  act.  When  a district  is 
composed  of  parts  of  two  or  more  townships,  the  directors 
shall  determine  and  inform  the  collector  in  writing,  under 
their  hands  as  directors,  which  of  the  treasurers  of  the 
townships  from  which  their  district  is  formed  shall  demand 
and  receive  the  tax  money  collected  by  the  county  collector 
as  aforesaid. 

§ 46.  If  any  collector  shall  fail  to  pay  the  amount  of 
said  tax,  or  any  part  thereof,  as  required  in  the  aforesaid 
section,  it  shall  be  competent  for  the  township  treasurer,  or 
other  authorized  person,  to  proceed  against  such  collector 
and  his  securities  in  an  action  of  debt  in  the  county  court; 
which  court  is  hereby  vested  with  full  power  and  authority 
to  hear  and  determine  all  such  suits,  render  judgments  and 
issue  execution ; or  said  suit  may  be  brought  in  any  other 
court  having  jurisdiction;  and  the  said  collector,  so  in 
default,  shall  pay  twelve  per  centum  upon  the  amount  due, 
to  be  assessed  as  damages,  which  shall  be  included  in  the 
judgment  rendered  against  him : Provided , no  collector 
shall  be  liable  for  such  part  of  said  tax  as  he  shall  be  able 
to  make  appear  he  could  not  have  collected  by  law,  until  he 
may  be  able  to  so  collect  such  amount. 

§ 47.  When  a district  lies  in  two  or  more  counties,  the 
directors  shall  return  to  the  clerk  of  the  county  court  of  each 
county  the  names  of  the  resident  tax  payers  in  each.  The 
clerk  of  each  county  shall  then  furnish  the  directors  the 
amount  of  the  taxable  property  ot  the  district,  lying  in  his 
county,  as  returned  by  the  assessor  of  the  previous  year. 
The  directors  shall  then  determine  and  certify  the  rates  to 
be  levied,  and  return  the  certificates  to  the  clerk  of  each 


19 


1861. 


county.  For  the  purpose  of  building  school  Ijouses  or  pur- 
chasing school  sites,  or  for  repairing  and  improving  the 
same,  the  directors,  by  a vote  of  the  people,  may  borrow 
money,  issuing  bonds  executed  by  the  officers  or  at  least 
two  members  of  the  board,  in  sums  of  not  less  than  one 
hundred  dollars.  But  the  rate  of  interest  shall  not  exceed 
ten  per  cent.,  nor  shall  the  sum  borrowed  in  any  one  year 
exceed  three  per  cent,  of  the  taxable  property  of  the  dis- 
trict. Nor  shall  the  tax  levied  in  any  one  year  for  building 
a school  house  exceed  two  per  cent,  of  said  taxable  property. 

§ 18.  The  directors  of  each  district  are  hereby  declared  a 
body  politic  and  corporate,  by  the  name  of  “ School  directors 

of  district  No.  , township  No.  , county  of , and 

state  of  Illinois,”  and  by  that  name  may  sue  and  be  sued  in 
all  courts  and  places  whatever.  Two  directors  shall  be  a 
quorum  for  business.  The  directors  shall  be  liable,  as  direc- 
tors, for  the  balance  due  teachers,  and  for  all  debts  legally 
contracted.  They  shall  establish  and  keep  in  operation, 
for  at  least  six  months  in  each  year,  a sufficient  number  of 
free  schools  for  all  the  children  in  the  district,  over  the  age 
of  five  and  under  twenty-one  years.  They  may  adopt  all 
necessary  rules  and  regulations  for  the  management  of  the 
schools,  and  shall  visit  and  inspect  the  same  as  often  as 
practicable.  They  shall  appoint  all  teachers,  fix  the  amount 
of  their  salaries,  and  may  dismiss  them  for  incompetency, 
cruelty,  negligence  or  immorality.  They  may  direct  what 
^ branches  shall  be  taught,  and  may  suspend  or  expel  pupils 
found  guilty,  on  full  examination,  of  refractory  or  incorrigi- 
bly bad  conduct.  No  school  site  shall  be  purchased,  nor 
shall  a school  house  be  erected,  located,  purchased  or 
changed,  nor  shall  a tax  be  levied  to  extend  schools  beyond 
six  months,  without  the  consent  of  a majority  of  the  votes 
cast  at  an  election,  the  notice  of  which  shall  state  the  ques- 
tions to  be  decided,  and  shall  be  given  as  required  in  the 
forty-second  section  of  this  act. 

OF  JUDGMENTS  AND  EXECUTIONS  AGAINST  BOARDS  OF  TRUSTEES 
OR  SCHOOL  DIRECTORS. 

f § 49.  If  judgment  shall  be  obtained  against  any  town- 
ship board  of  trustees  or  school  directors,  the  part y entitled 
to  the  benefit  of  such  judgment  may  have  execution  there- 
for, as  follows,  to-wit:  it  shall  be  lawful  for  the  court  in 
which  such  judgment  shall  be  obtained,  or  to  which  such 
judgment  shall  be  removed,  by  transcript  or  appeal  from  a 
justice  of  the  peace  or  other  court,  to  issue  thence  a writ, 
commanding  the  directors,  trustees  and  treasurer  of  such 
township  to  cause  the  amount  thereof,  with  interest  and  costs, 
to  be  paid  to  the  party  entitled  to  the  benefit  of  said  judg- 
ment, out  of  any  moneys,  unappropriated,  of  said  townships ; 
or  if  there  be  no  such  moneys,  out  of  the  first  moneys  ap- 


Directors  may 
borrow  money. 


Directors  made 
body  corporate. 


Directors  liable 
for  balance  due 
teachers,  etc. 


Powers  of  direc- 
tors. 


When  vote  must 
be  taken. 


Judgment  and  ex- 
ecution against 
trustees  and  di- 
rectors. 


1861. 


20 


plicable  to  the  payment  of  the  kind  of  services  or  indebted- 
ness for  which  such  judgment  shall  be  obtained,  which  shall 
be  received  for  the  use  of  such  township ; and  to  enforce 
obedience  to  such  writ  by  attachment,  or  by  Aandamus,  re- 
quiring such  board  to  levy  a tax  for  the  payment  of  said 
judgment;  and  all  legal  process,  as  well  as  writs  to  enforce 
payments  of  a judgment,  shall  be  served  either  on  the  presi- 
dent or  clerk  of  the  board. 


EXAMINATION  AND  QUALIFICATION  OF  TEACHEES. 


Examination  of 
teachers. 


Grades  of  certifi- 
cates. 


Renewal. 

Revocation. 


§ 50.  The  school  commissioner  shall,  either  in  person  or 
by  one  or  more  competent  examiners  whom  he  shall  ap- 
point, examine  any  person  proposing  to  teach  a common 
school  in  the  county,  in  orthography,  reading  in  English, 
penmanship,  arithmetic,  English  grammar,  modern  geogra- 
phy, and  the  history  of  the  United  States,  and  if  he  or  they 
shall  be  satisfied  that  such  person  is  of  good  moral  charac- 
ter, and  qualified  to  teach  all  of  the  aforesaid  branches,  he 
or  they  shall  give  such  person  a certificate,  the  geade  of 
which  shall  be  determined  by  the  relative  merit  of  the  ex- 
amination sustained.  School  commissioners  shall  be  autho- 
rized, by  this  act,  to  issue  theee  geades  of  teachers’  certi- 
ficates, viz : Fiest  Geade — valid  in  the  county  for  two 
years:  Second  Geade — valid  in  the  county  for  one  year: 
Thied  Geade — valid  in  a given  district  only,  for  six  months. 
The  commissioner  may  renew  such  certificate,  at  its  expira- 
tion, by  indorsement  thereon,  and  he  may  revoke  the  same 
for  gross  immorality,  incompetency  or  other  adequate  cause. 
Said  certificate  may  be  in  the  following  form : 


Illinois, 18 — . 

County. 

The  undersigned,  having  examined in  orthography,  reading  in 

Fc°ate  °f  certifi*  English,  penmanship,  arithmetic,  English  grammar,  modern  geography,  and 

the  history  of  the  United  States,  and  being  satisfied  that is  of  good  moral 

character,  hereby  certify  that qualifications  in  all  the  above  branches  are 

such  as  to  entitle to  this  certificate,  being  of  the Grade,  and  valid 

in for from  the  date  hereof — renewable  at  the  option  of  the 

school  commissioner,  by  his  indorsement  thereon. 

Given  under hand  , at  the  date  aforesaid. 

A.  B.,  School  Commissioner. 

Examiners. 


Each  school  commissioner  shall  also  keep  a careful  record, 
L^aiT1SkeeprV  in  a book  provided  for  the  purpose,  of  all  the  candidates  to 
naUons!  exami’  whom  lie  issues  certificates,  noting  the  date  of  examination, 
the  name,  sex  and  age  of  each  candidate,  and  the  grade  of 
the  certificate  granted — a transcript  of  which  record  shall 
be  included  in  the  annual  report  to  the  superintendent.  The 
state  certificates  state  superintendent  of  public  instruction  shall  also  be  and 
s°Upbte  o;UpubUc  he  is  hereby  authorized  to  grant  and  issue  state  certificates 
instruction.  0f  eminent  qualifications  as  teachers,  to  such  persons  as  may 


21 


1861. 


be  found  worthy  to  receive  the  same,  upon  due  examination, 
by  himself  or  others  whom  he  shall  appoint  for  that  pur- 
pose, and  who  shall  exhibit  satisfactory  evidence  of  practical 
experience  and  success  in  teaching.  Said  state  certificates 
shall  supersede  the  necessity  of  any  and  all  other  examina- 
tions, and  shall  be  of  perpetual  validity  in  every  county 
and  school  district  in  the  state ; and  the  fee  for  each  of 
such  certificates  shall  be  five  dollars.  But  a state  certifi- 
cate may  be  canceled  by  the  state  superintendent,  upon 
proof  of  immoral  or  unprofessional  conduct : Provided , 
that  each  and  every  school  or  schools,  of  whatever  grade, 
established  or  authorized  to  be  established  under  the  pro- 
visions of  this  act,  shall  be  a school  or  schools  for  the 
purpose  of  teaching  various  branches  of  an  English  educa- 
tion; and  no  part  of  the  common  school  fund,  township 
fund,  or  of  any  other  school  fund,  shall  be  paid  out  or  ap- 
propriated for  the  establishing,  conducting,  or  the  support- 
ing in  any  manner  of  any  other  character  or  class  of  school 
or  schools,  as  aforesaid  designated:  Provided , that  nothing 
herein  contained  shall  prevent  the  teaching  a foreign 
language  in  a common  school,  as  aforesaid. 

§ 51.  It  shall  be  the  duty  of  the  school  commissioner  to 
fix  upon  the  time  of  holding  meetings  for  the  examination 
of  teachers,  in  such  places  in  their  respective  counties,  as 
will,  in  their  opinion,  best  accommodate  the  greatest  number 
of  candidates  for  examination  ; notice  of  all  such  meetings 
having  been  published  in  some  newspaper  of  general  circu- 
lation ; and  all  teachers  who  do  not  attend  at  the  appointed 
time  for  said  examination,  shall  pay  to  the  school  commis- 
sioner one  dollar  for  their  certificate. 


TEACHERS — THEIR  DUTIES. 

§ 52.  No  teacher  shall  be  entitled  to  any  portion  of  the 
common  school  or  township  fund,  or  other  public  fund,  or 
be  employed  to  teach  any  school  under  the  control  of  any 
board  of  directors  of  any  school  district  in  this  state,  who 
shall  not,  before  his  employment,  exhibit  to  said  board,  or 
to  a committee  of  said  board,  a certificate  of  qualification 
obtained  under  the  provisions  of  this  act;  nor  shall  any 
teacher  be  paid  any  portion  of  the  school  or  public  fund 
aforesaid,  unless  he  shall  have  kept  and  furnished  schedules 
as  herein  directed. 

§ 53.  Teachers  shall  make  schedules  of  the  names  of  all 
scholars  under  twenty-one  years  of  age,  attending  their 
schools,  in  the  form  prescribed  by  this  act;  and  when 
scholars  reside  in  two  or  more  districts,  townships  or  coun- 
ties, separate  schedules  shall  be  kept  for  each  district,  town- 
ship or  county,  and  the  absence  or  presence  of  every  scholar 
shall  be  set  down  under  the  proper  date,  and  opposite  the 


Validity  of.  . 


Fee. 

May  be  canceled . 
Proviso. 


Meetings  for  ex 
amination  of 
teachers. 


Publication  of  no- 
tice. 


Certificate  must 
be  exhibited. 


Schedule. 


1861. 


22 


name,  on  every  day  that  school  is  open,  and  the  absence  of 
a scholar  shall  be  signified  by  a blank — the  presence  by  a 
mark.  The  schedule  to  be  made  and  returned  by  the  teach- 
er shall  be,  as  near  as  circumstances  will  permit,  in  the  fol- 
lowing form,  viz : 


Form  of  schedule,  g CJIEI)  ULE  of  a common  school  kept  by  A B,  at , in  district  number , 

in  township  number , range  number , of  the principal  meridian , 

in  the  county  of , in  the  State  of  Illinois. 


Males. 

Females. 

Total. 

Number  of  scholars 

2 

2 

4 

Average  daily  attendance 3.2 


And  the  said  teacher  shall  add  up  and  set  down  the 
whole  number  of  days’  attendance  of  each  scholar,  and  add 
up  said  whole  numbers,  and  make  out  the  grand  total  num- 
ber of  days’  attendance.  He  shall  also  note  the  whole  num- 
ber of  scholars,  giving  the  males  and  females  separately ; 
the  average  daily  attendance  ; and  shall  set  the  age  of  each 
pupil  opposite  the  name  of  said  pupil,  as  in  the  form  above 
prescribed,  and  shall  attach  thereto  his  certificate,  which 
shall  be  in  the  following  form,  viz  : 

I certify  that  the  •foregoing  schedule  of  scholars  attending  my  school,  as 
therein  named,  and  residing  as  specified  in  said  schedule,  to  the  best  of  my 
knowledge  and  belief,  is  correct ; and  that  it  was  a school  for  the  purpose  of 
teaching  various  branches  of  an  English  education. 

A B,  Teacher. 


Schedule  to  be  When  the  teacher  shall  have  completed  his  or  her  sched- 
deiivered  to  di-  ule  or  schedules,  as  above  required,  he  or  she  shall  deliver 
it  to  some  one  of  the  directors,  and  it  shall  be  the  duty  of 
said  director,  in  connection  with  one  other  director  of  the 
board,  to  carefully  examine  such  schedule  or  schedules,  and, 
after  correcting  all  errors,  and  if  they  shall  find  such 
schedule  to  have  been  kept  according  to  law,  they  shall 


A 


V 


23 


1861. 


certify  to  tlie  same,  as  near  as  practicable,  in  tlie  following 
form,  viz : 

State  of  Illinois,  ) 

County , \ ss’ 

We,  the  undersigned,  directors  of , in  township  number , Form  of 

range  number , in  the  county  aforesaid,  certify  that  we  have  examined  cate. 

the  foregoing  schedule,  and  find  the  same  to  be  correct,  and  that  the  school 
was  conducted  according  to  law.  That  there  is  now  due  said  C D,  teacher, 

as  per  contract,  the  sum  of dollars  and cents,  and  that  the 

said  teacher  has  a legal  certificate  of  good  moral  character,  and  of  qualifica- 
tion to  teach  a common  school  (or  of  such  a grade  as  the  case  may  be.) 

Witness  our  hands,  this day  of — , A.  D.  185 — . 

q'  p"’!  Directors. 

Which  schedule  or  schedules,  certified  as  aforesaid  by  at  s^1^ule8  to  ** 
least  two  directors,  shall  be  filed  by  said  directors  with  the 
township  treasurer  ; and  until  such  schedule  and  report,  as 
aforesaid,  shall  have  been  filed  as  aforesaid,  it  shall  not  be 
lawful  for  said  treasurer  to  pay  said  teacher,  or  any  two 
members  thereof  to  draw  an  order  in  favor  of  said  teacher. 

§ 54.  School  directors  shall  certify  no  schedule  that  Sectors  limited 
reaches  back  to  a time  more  than  six  months  from  the  time  schedule, 
fixed  by  law  for  the  regular  return  and  presentation  of 
schedules  to  the  school  directors.  Schedules  made  and  cer- 
tified, as  aforesaid,  shall,  at  least  two  days  before  the  first 
Monday  in  April  and  October,  be  delivered  by  the  directors 
to  the  township  treasurer. 

I ^ 

TOWNSHIP  TREASURER HIS  DUTIES. 

§ 55.  The  township  treasurer  appointed  by  the  board  of  Treasurer  to  give 
trustees,  shall,  before  entering  upon  his  duties,  execute  a 
bond,  with  two  or  more  free  holders,  who  shall  not  be  mem- 
bers of  the  board,  as  securities,  payable  to  the  board  of  the 
township  for  which  he  is  appointed  treasurer,  with  a suffi- 
cient penalty  to  cover  all  liabilities  which  may  be  incurred, 
conditioned  faithfully  to  perform  all  the  duties  of  township 

treasurer,  in  township  , range , in 

county,  according  to  law.  The  security  shall  be  approved 
by  at  least  a majority  of  the  board,  and  shall  be  delivered 
by  one  of  the  trustees  to  the  school  commissioner  of  the 
proper  county.  And  in  all  cases  where  such  treasurer  afore- 
said is  to  have  the  custody  of  all  bonds,  mortgages,  moneys 
and  effects  denominated  principal,  and  belonging  to  the 
township  for  which  he  is  appointed  treasurer,  the  penalty 
of  said  treasurer’s  bond  shall  be  twice  the  amount  of  said 
bonds,  notes,  mortgages,  moneys  and  effects.  And  every 
township  treasurer  appointed  subsequent  to  the  first,  as  here- 
in provided,  shall  execute  bond,  with  security,  as  is  required 
of  the  first  treasurer.  The  bond  required  in  this  section 
shall  be  in  the  following  form,  viz : 


1861. 


24 


Form  of  bond. 


To  provide  books 
and  keep  account 
of  money  receiv- 
ed. 


State  of  Illinois,  ) 

County ss * 

Know  all  men  by  these  presents,  that  we.  A B,  C D and  E F,  are  held  and 

firmly  bound,  jointly  and  severally,  unto  the  board  of , in  said  county, 

in  the  penal  sum  of dollars,  for  the  payment  of  which  we  bind  our- 

selves, our  heirs,  executors  and  administrators,  firmly  by  these  presents.  In 

witness  whereof,  we  have  hereunto  set  our  hands  and  seals  this day  of 

, A.  D.  18—. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden 

A B,  township  treasurer  of  township  , range , in  the  county 

aforesaid,  shall  faithfully  discharge  all  the  duties  of  said  office,  according  to 
the  laws  which  now  are  or  may  hereafter  be  in  force,  and  shall  deliver  to  his 
successor  in  office  all  moneys,  books,  papers,  securities  and  property  in  his 
hands  as  such  township  treasurer,  then  this  obligation  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue. 


Approved  and  accepted  by 


§ 56.  Every  township  treasurer  shall  provide  himself 
with  two  wrell  bound  books,  the  one  to  be  called  a cash  book, 
the  other  a loan  book.  He  shall  charge  himself  in  the  cash 
book  with  all  moneys  received,  stating  the  charge,  when, 
from  whom  and  on  what  account  received ; and  credit  him- 
self with  all  moneys  paid  or  loaned,  the  amount  loaned,  the 
date  of  the  loan,  the  rate  of  interest,  the  time  when  payable, 
the  name  of  the  securities,  or,  if  real  estate  be  taken,  a des- 
cription of  the  same.  He  shall  also  enter,  in  separate  ac- 
counts, moneys  received  and  moneys  paid  out,  charging  the 
first  to  debit  account,  and  crediting  the  latter  as  follows,  to 
wit : 1st.  The  principal  of  the  township  fund,  when  paid 
in  and  when  paid  out.  2d.  The  interest  of  the  township 
fund,  when  received  and  when  paid  out.  3d.  The  common 
school  fund,  and  other  funds,  wThen  received  from  the  school 
commissioner,  and  when  paid  out.  4th.  The  taxes  receiv- 
ed from  the  county  collector,  distinguishing  between  that 
for  general  school  purposes  and  that  levied  for  the  purpose 
of  prolonging  schools.  5th.  Donations  received.  6th. 
Moneys  coming  from  all  other  sources ; and  in  all  cases  en- 
tering the  date  when  received  and  when  paid  out ; and  he 
shall  also  arrange  and  keep  his  books  and  accounts  in  such 
other  manner  as  may  be  directed  by  the  state  or  county 
superintendent,  or  the  board  of  trustees.  He  shall  also  pro- 
vide a book,  to  be  called  a journal,  in  which  he  shall  record 
fully  and  at  length  the  acts  and  proceedings  of  the  board, 
their  orders,  by-laws  and  resolutions ; which  book  shall  be 
at  all  times  subject  to  the  inspection  of  said  board,  or  other 
persons  authorized  by  this  act,  or  of  any  committee  ap- 
pointed by  the  inhabitants  of  the  township  to  examine  the 
same.  And  he  shall  also  provide  a book,  to  be  called  a 
record,  in  which  he  shall  enter  a brief  description  of  all 
notes  or  bonds  belonging  to  the  township,  and  upon  the  op- 
posite page  he  shall  note  down  when  paid,  or  any  remarks 


A.  B. 
C.  D. 
E.  F. 


SEAL. 

SEAL. 

SEAL. 


G.  H., 

I.  J.,  > Trustees. 
K.  L., 


to  show  where  or  in  what  condition  it  is,  as  in  the  following 
form,  viz: 


Makers’ 

names. 

Bate  of  note, 

When  due. 

Amount. 

Remarks. 

AB,  CD, 

E F. 

January  1st, 
185- 

January  1st, 
185- 

$90  00  . 

January  6, 185-,  hand- 
ed to  I J,  esq.,  for  collec- 
tion^!’ Jan.  6.  185-,  paid) 

§ 57.  The  township  treasurers  shall  loan,  upon  the  fol-  To  loan  funds, 
lowing  conditions,  all  moneys  which  shall  come  to  their 
hands  by  virtue  of  their  office,  except  such  as  may  be  sub- 
ject to  distribution.  The  rate  of  interest  shall  be  ten  per 
centum  per  annum,  payable  half  yearly  in  advance.  The 
time  for  which  loans  shall  be  made  shall  not  be  less  than  six 
months  nor  more  than  five  years.  For  all  sums  not  exceed- 
ing one  hundred  dollars,  loaned  for  not  more  than  one  year, 
two  responsible  securities  shall  be  given  ; for  all  sums  over 
one  hundred  dollars  and  for  all  loans  for  more  than  one 
year,  security  shall  be  given  by  mortgage  on  real  estate,  un- 
incumbered, in  value  double  the  amount  loaned,  with  a con- 
dition that  in  case  additional  security  shall  at  any  time  be 
required,  the  same  shall  be  given  to  the  satisfaction  of  the 
board  of  trustees  for  the  time  being.  Notes,  bonds,  mort- 
gages and  other  securities  taken  for  money  or  other  pro- 
perty, due  or  to  become  due  to  the  board  of  trustees  for  the 
township,  shall  be  payable  to  the  said  board  by  their  corpor- 
ate name;  and  in  such  name  suits,  actions  and  complaints, 
and  every  description  of  legal  proceedings,  may  be  had  for 
the  recovery  of  money,  the  breach  of  contracts,  and  for 
every  legal  liability  which  may  at  any  time  arise  or  exist, 
or  upon  which  a right  of  action  shall  accrue  to  the  use  of 
this  corporation  : Provided , however , that  notes,  bonds,  Proviso, 
mortgages  and  other  securities  in  which  the  name  of  the 
school  commissioner,  or  of  the  trustees  of  schools,  are  insert- 
ed, shall  be  valid  to  all  intents  and  purposes ; and  suit  shall 
be  brought  in  the  name  of  the  board  of  trustees  as  aforesaid. 

The  wife  of  the  mortgager  (if  he  has  one)  shall  join  in  the 
mortgage  given  to  secure  the  payment  of  money  loaned  by 
virtue  of  the  provisions  of  this  act. 

§ 58.  Mortgages  to  secure  the  payment  of  money  loan- 
ed under  the  provisions  of  this  act  may  be  in  the  following 
form,  viz : . 

I,  A.  B.,  of  the  county  of , and  state  of , do  hereby  grant,  con-  Form  of  mortgage 

vey  and  transfer  to  the  board  of  trustees  of  township , range , in 

the  county  of , and  state  of  Illinois,  for  the  use  of  the  inhabitants  of 

said  township,  the  following  described  real  estate,  to-wit:  (Here  insert  pre- 
mises.) Which  real  estate  I declare  to  be  in  mortgage  for  the  payment  of 

dollars  loaned  to  me,  and  for  the  payment  of  all  interest  that  may  accrue 
thereon,  to  be  computed  at  the  rate  of per  cent,  per  annum  until  paid. 


1861. 


26 


Mortgage  to  be  re- 
corded. 


Additional  securi- 
ty. 


Default  in  pay- 
ment of  interest. 


And  I do  hereby  covenant  to  pay  the  said  sum  of  money  in years  from 

the  date  hereof,  and  to  pay  interest  on  the  same  at  the  rate  aforesaid  half- 
yearly  in  advance.  I further  covenant  that  I have  a good  and  valid  title  to 
said  estate,  and  that  the  same  is  free  from  all  incumbrance;  and  that  I will 
pay  all  taxes  and  assessments  which  may  be  levied  on  said  estate ; and  that  I 
will  give  any  additional  security  that  may  at  any  time  be  required  by  said 
board  of  trustees ; and  if  said  estate  be  sold  to  pay  said  debt,  or  any  part 
thereof,  or  for  any  failure  or  refusal  to  comply  with  or  perform  the  conditions 
or  covenants  herein  contained,  I will  deliver  immediate  possession  of  the  pre- 
mises; and  in  consideration  of  the  premises,  C,  wife  of  said  A.  B.,  doth  here- 
by release  to  the  said  board  all  her  right  and  title  of  dower,  in  the  afore-grant- 
ed premises,  for  the  purposes  aforesaid. 

In  testimony  whereof  we  have  hereunto  set  our  hands  and  seals  this 

day  of , 18 — . 

A.  B.,  [seal.1 

C.  D.,  [seal.] 

Which  mortgage  shall  be  acknowledged  and  recorded, 
as  is  required  by  law  for  other  conveyances  of  real  estate, 
the  mortgager  paying  the  expenses  of  acknowledgement 
and  recording,  and  fifty  cents  as  a fee  to  the  township  trea r • 
surer. 

§ 59.  Upon  the  breach  of  any  condition  or  stipulation 
contained  in  said  mortgage,  an  action  may  be  maintained 
and  damages  recovered  as  upon  other  covenants ; but  mort- 
gages made  in  any  other  form  to  secure  payment  as  afore- 
said shall  be  valid  as  if  no  form  had  been  prescribed.  In 
estimating  the  value  of  real  estate  mortgaged  to  secure  the 
payment  of  money  loaned  under  the  provisions  of  this  law, 
the  value  of  improvements  liable  to  be  destroyed  shall  not 
be  included. 

§ 60.  In  all  cases  where  the  board  of  trustees  shall  re- 
quire additional  security  for  the  payment  of  money  loaned, 
and  such  security  shall  not  be  given,  the  township  treasurer 
shall  cause  suit  to  be  instituted  for  the  recovery  of  the  same, 
and  all  interest  thereon,  to  the  date  of  judgment:  Provided , 
that  proof  be  made  of  the  said  requisition.  In  the  payment 
of  debts  by  executors  and  administrators,  those  due  the 
common  school  or  township  fund  shall  have  a preference 
over  all  other  debts,  except  funeral  and  other  expenses  at- 
tending the  last  sickness,  not  including  the  physician’s  bill. 
And  it  shall  be  the  duty  of  the  township  treasurer  to  attend 
at  the  office  of  the  probate  justice  upon  the  proper  day,  as 
other  creditors,  and  have  any  debts  due  as  aforesaid  proba- 
ted and  classed,  to  be  paid  as  aforesaid. 

§ 61.  If  default  be  made  upon  the  payment  of  interest 
due  upon  money  loaned  by  any  school  commissioner  or 
township  treasurer,  or  in  the  payment  of  the  principal,  in- 
terest at  the  rate  of  twelve  per  cent,  per  annum  shall  be 
charged  upon  the  principal  and  interest  from  the  day  of  de- 
fault, which  shall  be  included  in  the  assessment  of  damages, 
or  in  the  judgment  in  suit  or  action  brought  upon  the  obli- 
gation to  enforce  payment  thereof;  and  interest  as  afore- 
said may  be  recovered  in  action  brought  to  recover  interest 
only.  And  the  said  township  treasurers  are  hereby  einpow- 


Bring  suit. 


27 


1861. 


ered  to  bring  appropriate  actions,  in  the  name  of  the  board 
of  trustees,  for  the  recovery  of  the  half-yearly  interest,  when 
due  and  unpaid,  without  suing  for  the  principal,  in  what- 
ever form  secured,  and  justices  of  the  peace  shall  have 
jurisdiction  in  such  cases  of  all  sums  under  one  hundred 
dollars. 

§ 62.  All  suits  brought,  or  actions  instituted  under  the  aii  suits  and  ac- 
pro visions  of  this  act,  may  be  brought  in  the  name  of  the  thTname^nhe 

“ Board  of  Trustees  of  township , range  ,”  except  board* 

as  is  provided  for  action  qui  tarn  in  this  act,  or  in  favor  of 
school  commissioners.  The  township  treasurer  shall  de- 
mand, receive  and  safely  keep,  according  to  law,  all  mo- 
neys, books  and  papers  of  every  description  belonging  to 
his  township.  He  shall  keep  the  township  fund  loaned  at 
interest ; and  if  on  the  first  Monday  of  October  in  any  year 
there  shall  be  any  interest  or  other  funds  on  hand  which 
shall  not  be  required  for  distribution,  such  amount  not  re- 
quired, as  aforesaid,  may,  if  the  board  of  trustees  see  proper, 
forever  be  considered  as  principal  in  the  funds  to  which  it 
belongs,  and  loaned  as  such. 

§ 63.  On  the  first  Mondays  of  April  and  October,  of  statement  to  be 
every  year,  the  township  treasurer  shall  lay  before  the  board  STd ' october.pnl 
of*  trustees  a statement,  showing  the  amount  of  interest, 
rents,  issues  and  profits  that  have  accrued  or  become  due 
since  their  last  regular  half-yearly  meeting  on  the  township 
lands  and  township  funds,  and  also  the  amount  of  state  and 
i county  fund  interest  on  hand.  He  shall  also  lay  before  the 
said  trustees  all  books,  notes,  bonds,  mortgages,  and  all 
other  evidence  of  indebtedness  belonging  to  the  township; 
for  the  examination  of  the  trustees,  and  shall  make  such 
other  statement  as  the  board  may  require  touching  the 
duties  of  his  office. 

§ 64:.  For  any  failure  or  refusal  to  perform  all  the  duties  Penalty, 
required  of  township  treasurer  by  law,  he  shall  be  liable  to 
the  board  of  trustees  upon  his  bond,  to  be  recovered  by  ac- 
tion of  debt  by  said  board,  in  their  corporate  name,  for  the 
use  of  the  proper  township,  before  any  court  having  juris- 
diction of  the  amount  of  damages  claimed;  but  if  said  trea- 
surer, in  any  such  failure  or  refusal,  acted  under  and  in  con- 
formity to  a requisition  or  order  of  said  board  or  a majority 
of  them,  entered  upon  their  journal  and  subscribed  by  their 
president  and  clerk,  then  and  in  that  case  the  members  of 
the  said  board  aforesaid,  or  those  of  them  voting  for  said 
requisition  or  order  as  aforesaid,  and  not  the  treasurer,  shall 
be  liable,  jointly  and  severally,  to  the  inhabitants  of  the 
township,  to  be  recovered  by  action  of  assumpsit , in  the 
official  name  of  the  school  commissioner,  for  the  use  of  the 
proper  township. 

§ 65.  When  a township  treasurer  shall  resign,  or  be  re-  Bonds  mortgages 
moved,  and  at  the  expiration  ot  his  term  ol  ottice,  lie  snail  ered  to  succe*- 
pay  over  to  his  successor  in  office  all  money  on  hand,  and  sorB* 


1861. 


28 


School  fund  to  be 
added  to  princi- 
pal in  certain  ca- 
ses. 


School  funds  to  be 
paid  out  on  or- 
der of  directors. 


deliver  over  all  book,  notes,  bonds,  mortgages,  and  all  other 
securities  for  money,  and  all  papers  and  documents  of  every 
description,  in  which  the  corporation  may  have  any  interest 
whatever;  and  in  case  of  the  death  of  the  township  treas- 
urer, his  securities  and  legal  representatives  shall  be  bound 
to  comply  with  the  requisitions  of  this  section.  And  for  any 
failure  to  comply  with  the  requisitions  of  this  section,  he 
shall  be  liable  to  a penalty  of  not  less  than  ten  nor  more 
than  one  hundred  dollars,  at  the  discretion  of  the  court  be- 
fore  which  judgment  may  be  obtained ; and  the  obtaining 
or  payment  of  said  judgment  shall  in  no  wise  discharge  or 
diminish  the  obligation  of  his  official  bond. 

TOWNSHIP  AND  COUNTY  SCHOOL  FUNDS. 

§ 66.  All  bonds,  notes,  mortgages,  and  other  evidences 
of  indebtedness,  moneys  and  effects,  in  the  hands  of  any 
school  commissioner,  trustee  of  schools,  township  treasurer, 
or  other  officer,  or  person,  and  belonging  to  any  county  or 
township,  and  which  have  heretofore  accrued,  or  may  here- 
after accrue  from  the  sale  of  the  sixteenth  section,  or  of  the 
common  school  lands  of  any  township  or  county,  or  for  the 
sale  of  any  real  estate  or  other  property  taken  for  any  debt, 
or  on  any  judgment,  due  to  the  principal  of  any  county  or 
township  fund,  and  all  surplus  interest  and  other  funds 
which  have  been  or  shall  hereafter  be  carried  to  and  made 
part  of  the  principal  of  any  township  or  county  funds,  by 
any  law  which  has  heretofore  been  or  may  hereafter  be 
enacted,  in  the  hand  of  any  county,  township  or  other  offi- 
cer or  person,  and  belonging  to  any  county  or  township, 
and  all  sums  arising  from  the  loaning  or  reloaning  of  the 
principal  of  any  township  or  county  fund,  are  hereby  de- 
clared to  be  and  shall  forever  hereafter  constitute  the  prin- 
cipal of  the  township  or  county  fund,  to  whichever  it  may 
respectively  belong,  and  no  part  thereof  shall  ever  be  dis- 
tributed or  expended  for  any  purpose  whatever,  except  the 
interest,  rents  and  profits  thereof,  but  shall  be  loaned  out, 
and  held  to  use,  rent  or  profit,  as  herein,  heretofore  or  may 
hereafter  be  provided  by  law. 

§ 67.  School  funds  collected  from  taxes  levied  by  the 
orders  of  the  directors,  or  from  the  sale  of  property  belong- 
ing to  any  district  shall  be  paid  out  on  the  order  of  the 
directors ; and  all  moneys  and  school  funds,  liable  to  distri- 
bution, not  being  principal,  paid  into  the  township  treasury, 
or  coming  into  the  hands  of  the  township  treasurer,  shall  be 
paid  out  only  on  the  order  of  the  proper  board,  signed  by  a 
majority  of  the  board,  or  their  president  and  clerk ; and  for 
all  payments  made,  receipts  shall  be  taken  and  filed ; and 
in  all  such  orders  shall  be  stated  the  purpose  for  which  or 
on  what  account  drawn ; and  all  such  orders  may  be  in  the 
following  form,  to-wit : 


29 


1861. 


The  treasurer  of  township  number , range  number , in 

county,  will  pay  to or  bearer, dollars  and cents,  (on  his 

contract  for  repairing school  house,  or  otherwise,  as  the  case  may  be.) 

By  order  of  the  board  of said  township. 


C.  D.,  Clerk. 


A.  B.,  President. 


Form  of  order. 


Which,  together  with  the  receipt  of  the  person  to  whom  order  and  re- 
paid, shall  be  filed  in  the  office  of  the  township  treasurer.  ceipt8t0  beMe<1' 


COMMON  SCHOOL  FUNDS. 

§ 68.  The  common  school  fund  of  this  state  shall  consist  Common  school 
of  such  sum  as  will  be  produced  by  the  annual  levy  and  as-  fund* 
sessment  of  two  mills  upon  each  dollar’s  valuation  of  all  the 
' taxable  property  in  the  state;  and  there  is  hereby  levied  and 
assessed,  annually,  in  addition  to  the  revenue  for  state  pur- 
poses, the  said  two  mills  upon  each  dollar’s  valuation  of  all 
the  taxable  property  in  the  state,  to  be  collected  and  paid, 
and  the  amount  due  from  the  state,  according  to  a statement 
and  settlement  of  the  account  between  the  state  and  that 
fund,  under  the  provisions  of  an  act,  entitled  “ An  act  to 
provide  for  the  distribution  and  application  of  the  interest 
on  the  school,  college  and  seminary  fund,”  approved  on  the 
seventh  of  February,  one  thousand  eight  hundred  and  thir- 
ty-five, and  of  all  funds  which  have  been  or  may  be  receiv- 
ed by  the  state  from  the  United  States,  for  the  use  and 
support  of  common  schools ; and  also  of  the  money  added 
^ to  the  common  school  fund,  which  was  received  from  the 
United  States  under  an  act  of  congress  providing  for  the 
distribution  of  the  surplus  revenue  of  the  United  States, 
and  which  was  invested  in  bank  stock  by  authority  of  the 
state,  and  of  the  amount  added  to  the  school  fund  under  an 
act  requiring  the  three  per  cent,  fund  to  be  invested  in  state 
bonds  : Provided , that  in  cases  where,  heretofore,  the  state  ProviSot 
taxes  have  not  been  collected  in  any  county,  such  county 
shall  not  be  entitled  to  a distribution  of  the  college,  semin- 
ary and  school  fund,  for  the  period  of  time  that  no  such 
taxes  have  been  collected,  and  that  the  portion  of  the  fund 
aforesaid  shall  in  such  cases  be  distributed  without  regard 
such  county. 

§ 69.  The  state  shall  pay  an  interest  of  six  per  cent,  per  state  to  pay  inter- 
annum upon  the  amount  of  the  aforsaid  common  school  est* 
funds,  except  on  so  much  thereof  as  may  be  realized  from 
the  levy  of  the  tax  directed  to  be  levied  under  the  provisions 
of  this  act,  which  shall  be  paid  annually,  and  applied  to  the 
support  of  common  schools,  as  herein  provided.  The  state 
shall  also  pay,  as  aforesaid,  and  at  the  same  time  an  interest 
of  six  per  centum  per  annum  upon  the  amount  due  the  col- 
lege and  seminary  fund ; which  interest  shall  be  loaned  to 
the  common  school  fund,  and  known  in  this  law  and  applied 
in  all  cases  as  interest  on  the  common  school  fund  as  afore- 
said. 


1861. 


30 


I>uty  of  auditor. 


Proviso. 


Compensation  of 
collectors  and  of 
school  commis- 
sioners. 


§ 70.  On  the  first  Monday  in  J anuary,  in  each  and  every 
year  next  after  taking  the  census  of  the  state,  the  auditor  of 
public 'accounts  shall,  under  the  supervision  of  the  commis- 
sioners of  the  school  fund  of  the  state,  ascertain  the  number 
of  white  children  in  each  county  in  the  state  under  twenty 
years  of  age,  and  shall  thereupon  make  a dividend  to  each 
county  of  two-thirds  the  sum  from  the  tax  levied  and  col- 
lected under  the  provisions  of  the  sixty-eighth  section  of 
this  act;  and  the  interest  due  on  the  school,  college  and 
seminary  fund,  in  proportion  to  the  number  of  white  children 
in  each  county  under  the  age  aforesaid,  and  of  the  remain- 
ing one-tliird,  in  proportion  to  the  number  of  townships  and 
parts  of  townships  in  each  county,  and  issue  his  warrant  to 
the  school  commissioner  of  each  county  upon  the  collector 
thereof.  And  upon  presentation  of  said  warrant  by  the 
school  commissioner  to  the  collector  of  his  county,  said  col- 
lector or  treasurer  shall  pay  over  to  the  school  commissioner 
the  amount  of  said  warrant  out  of  the  first  specie  funds 
which  may  be  collected  by  him,  and  not  otherwise  appro- 
priated by  law,  taking  said  commissioner’s  receipt  therefor; 
and  on  settlement  with  the  auditor,  said  collector  shall  be 
credited  with  the  amount  specified  in  said  receipt,  in  the 
same  manner  as  if  it  had  been  paid  into  the  treasury.  Divi^ 
dends  shall  be  made  as  aforesaid,  according  to  the  propor- 
tions ascertained  to  be  due  to  each  county  annually  there- 
after, until  another  census  shall  have  been  taken,  and  then 
dividends  shall  be  made  and  continued  as  aforesaid,  accord- 
ing to  the  last  census : Provided , that  if  any  collector  shall 
fail  or  refuse  to  pay,  in  gold  or  silver,  the  amount  of  the 
aforesaid  warrant,  or  any  part  thereof,  by  the  first  day  of 
March  annually,  or  so  soon  thereafter  as  it  may  be  present- 
ed, it  shall  be  competent  for  the  school  commissioner  to  pro- 
ceed against  said  collector  and  his  securities,  in  an  action  of 
debt,  in  the  county  court ; which  court  is  hereby  vested  with 
full  power  and  authority  to  hear  and  determine  all  such 
suits,  render  judgment  and  issue  execution  ; or  said  suit  may 
be  brought  in  any  court  having  jurisdiction;  and  the  said 
collector  shall  pay  twelve  per  centum,  to  be  assessed  as 
damages,  upon  the  amount  due,  and  which  shall  be  included 
in  the  judgment  obtained  against  him. 

COMPENSATION  OF  OFFICERS. 

§ 71.  Collectors  of  the  two  mill  tax,  authorized  under 
section  sixty-eight  of  this  act,  shall  only  be  entitled  to  two 
per  cent,  on  the  amount  collected  by  them.  School  com- 
missioners shall  be  allowed  to  retain  out  of  the  township 
funds  of  the  township  for  which  the  services  may  be  ren- 
dered, three  per  cent,  upon  the  amount  of  sales  of  school 
lands,  and  upon  the  real  estate  taken  for  debt,  for  their  ser- 
vices in  making  such  sales,  including  such  other  services 


31 


1861. 


connected  therewith,  as  are  required  by  the  provisions  of 
this  act,  and  two  per  cent,  they  may  retain  upon  the  amount 
of  all  sums  distributed,  paid  or  loaned  out  by  them  for  the 
support  of  schools.  And  for  their  services  in  visiting  schools,  Per  diem  for  vis- 
and  the  other  duties  required  in  the  twentieth  section  of  this  llins  school9‘ 
act,  school  commissioners  shall  be  allowed  to  retain  two  dol- 
lars per  day  for  any  number  of  days  not  exceeding  one  hun- 
dred in  any  one  year,  which  account  shall  be  certified  and 
sworn  to  by  the  school  commissioner.  County  courts  and 
boards  of  supervisors  are  also  hereby  authorized  to  make  Appropriations 
appropriations  out  of  the  county  treasury  to  school  commis-  for  institutes, 
sioners  for  visiting  schools  and  other  educational  services, 
and  also  for  the  support  of  county  teachers’  institutes,  when- 
ever, in  their  judgment,  the  interests  of  the  schools  and  the 
public  good  would  thereby  be  promoted. 

§ 72.  Township  treasurers  shall  be  allowed  to  retain  two  compensation  of 
per  cent,  upon  all  sums  paid  out  or  loaned  by  them,  includ-  *™nship  trea*u' 
ing  moneys  raised  by  virtue  of  any  district  tax;  but  they 
shall  not  retain  the  said  two  per  cent,  unless  the  money  is 
actually  paid  in  and  reloaned  to  another  person:  And, provi- 
ded also , that  county  treasurers  shall  not  be  entitled  to  any 
commissions  upon  school  taxes  collected  and  paid  over  to 
them  by  county  or  township  collectors  : And  it  is  provided  Pr0ViS0. 
further , that  the  board  of  trustees  may  reduce  said  treasu- 
rer’s compensation ; and  said  boards  shall,  and  it  is  hereby 
made  their  duty  to  make  a reasonable  allowance  to  said 
^ treasurers  for  their  services  performed  as  clerks  of  said 
boards,  to  be  paid  out  of  the  township  funds.  School  com- 
missioners, trustees  of  schools,  school  directors,  and  all  other 
school  officers,  shall  be  exempted  from  working  on  the  roads, 
serving  on  juries  and  military  duty. 

LIABILITIES  OF  OFFICEES. 

§ 73.  If  any  school  commissioner,  trustee  of  schools,  Liabilities  of  offi. 
township  treasurer,  director,  or  any  other  person  entrusted  cers- 
with  the  care,  control,  management  or  disposition  of  any 
school,  college,  seminary,  or  township  fund  for  the  use  of 
any  county,  township,  district  or  school,  shall  convert  any 
such  funds,  or  any  portion  thereof,  to  his  own  use,  he  shall 
be  liable  to  indictment,  and  upon  conviction,  shall  be  lined 
in  not  less  than  double  the  amount  of  money  converted,  and 
imprisoned  in  the  county  jail  not  less  than  one  nor  more 
than  twelve  months  at  the  discretion  of  the  court. 

§ 74.  Trustees  of  schools  shall  be  liable,  jointly  and  sev- 
erally, for  the  sufficiency  of  securities  taken  from  township 
treasurers  ; and  in  case  of  judgment  against  said  treasurers 
and  their  securities,  for  or  on  account  of  any  default  of  any 
such  treasurer,  on  which  the  money  shall  not  be  made  for 
want  of  sufficient  property  whereon  to  levy  execution, 
actions  on  the  case  may  be  maintained  against  said  trustees 


1861. 


32 


Lien  upon  real  es- 
tate from  date  of 
process. 


Failure  to  make 
returns. 


All  officers  res- 
ponsible. 


jointly  or  severalty,  and  the  amount  not  collected  on  said 
judgment  shall  be  recovered  . with  costs:  Provided , that 
if  said  trustees  can  show,  satisfactorily,  that  the  security 
taken  from  the  treasurer  as  aforesaid  was,  at  the  time  of 
said  taking,  good  and  sufficient,  they  shall  not  be  liable  as 
aforesaid. 

§ 75.  The  real  estate  of  school  commissioners,  of  town- 
ship treasurers,  and  all  other  school  officers,  and  of  the  se- 
curities of  each  of  them,  shall  be  bound  for  the  satisfaction 
and  payment  of  all  claims  and  demands  against  said  com- 
missioners and  treasurers,  and  other  officers,  as  such,  from 
the  date  of  issuing  process  against  them,  in  actions  or  suits 
brought  to  recover  such  claims  or  demands,  until  satisfac- 
tion thereof  be  obtained  ; and  no  sale  or  alienation  of  real 
estate  by  any  commissioner,  treasurer  or  other  officer,  or 
security  aforesaid,  shall  defeat  the  lien  created  by  this  sec- 
tion, but  all  and  singular  such  real  estate  held,  owned  or 
claimed  as  aforesaid,  shall  be  liable  to  be  sold  in  satisfaction 
of  any  judgment  which  may  be  obtained  in  such  actions  or 
suits. 

§ 76.  Trustees  of  schools,  or  either  of  them,  failing  or 
refusing  to  make  returns  of  children  in  their  township,  ac- 
cording to  the  provisions  of  this  act,  or  if  either  of  them 
shall  knowingly  make  a false  return,  the  party  so  offending 
shall  be  liable  to  a penalty  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  to  be  recovered  by  action  of 
assumpsit , before  any  justice  of  the  peace  of  the  county ; 
which  penalty,  when  collected,  shall  be  added  to  the  town- 
ship fund ; and  if  any  school  commissioner,  director  or 
trustee,  or  either  of  them,  or  other  officer  whose  duty  it  is, 
shall  negligently  or  willfully  fail  or  refuse  to  make,  furnish 
or  communicate  the  statistics  and  information,  or  shall  fail 
to  discharge  the  duties  enjoined  upon  them,  or  either  of 
them,  at  the  time  and  in  the  manner  required  by  the  provi- 
sions of  this  act,  such  delinquent  or  party  offending  shall  be 
liable  to  a fine  of  twenty -five  dollars,  to  be  recovered  before 
any  justice  of  the  peace,  on  information,  in  the  name  of  the 
people  of  the  state  of  Illinois,  and  when  collected  shall  be 
paid  to  the  school  commissioner  of  the  proper  county,  for 
the  use  of  schools. 

§ 77.  School  commissioners,  trustees  of  schools,  directors 
and  township  treasurers,  or  either  of  them,  and  any  other 
officer  having  charge  of  school  funds  or  property,  shall  be 
responsible  for  all  losses  sustained  by  any  county,  township 
or  school  fund,  by  reason  of  any  failure  on  his  or  their  part 
to  perform  the  duties  required  of  him  or  them  by  this  act,  or 
by  any  rule  or  regulation  authorized  to  be  made  by  this  act ; 
and  each  and  every  of  the  officers  aforesaid  shall  be  liable 
for  any  such  loss  sustained  as  aforesaid,  and  the  amount 
thereof  may  be  recovered,  in  a civil  action  before  any  court 
having  jurisdiction  thereof,  at  the  suit  of  the  state  of  Illi- 


1861. 


nois,  lor  the  use  of  the  county,  township  or  fund  injured ; 
and  the  amount,  when  collected,  shall  be  paid  to  the  proper 
officer,  for  the  benefit  of  said  county,  township  or  fund  in- 
jured. 

COSTS,  TENURE  OF  OFFICERS  AND  CONTRACTS  UNDER  FORMER 

LAWS. 

§ 78.  No  justice  of  the  peace,  probate  justice,  constable, 
clerk  of  any  court,  or  sheriff,  shall  charge  any  costs  in  any 
suit  where  any  agent  of  any  school  fund,  suing  for  the  re- 
covery of  the  same,  or  any  interest  due  thereon,  is  plaintiff, 
« and  shall  be,  from  any  cause,  unsuccessful  in  such  suit. 

* School  commissioners  appointed  heretofore  shall  continue 
in  office  until  superseded,  according  to  the  provisions  of 
this  act,  and  their  duties,  responsibilities  and  powers  shall 
be  governed  by  the  provisions  herein  named.  Trustees  of 
school  lands  heretofore  appointed,  and  trustees  of  schools 
heretofore  elected,  shall  also  continue  to  discharge  the  duties 
of  their  office  until  trustees  of  schools  are  elected  under  the 
provisions  of  this  act.  Townships  heretofore  incorporated 
shall,  without  any  further  action  or  proceeding,  be  consid- 
ered as  incorporated  under  the  provisions  of  this  act,  and 
the  trustees  and  other  officers  shall  continue  to  discharge 
their  duties  till  suspended  by  appointment  or  election  under 
this  law;  and  all  school  directors  and  officers  heretofore 
4 appointed  shall  continue  in  office  until  superseded  by  the 
election,  as  provided  in  this  act,  and  shall  be  governed  by 
the  provisions  of  the  laws  heretofore  in  force,  unless  other- 
wise directed  by  this  act.  Leases  of  school  lands  shall 
remain  valid,  and  be  executed  according  to  the  laws  un- 
der which  they  were  made.  Common  school  lands,  valued 
and  offered  for  sale  and  remaining  unsold.,  shall  be  sold 
upon  terms  prescribed  by  this  act.  All  taxes  levied  and 
contracts  made  under  the  laws  hereby  repealed,  shall 
remain  valid,  and  all  rights,  remedies,  defenses  and  causes 
of  action  existing,  or  which  may  hereafter  exist  or  arise, 
under  or  by  virtue  of  said  repealed  laws,  shall  continue  and 
remain  valid,  and  shall  be  enforced,  notwithstanding  the  re- 
peal of  said  laws,  unless  canceled  according  to  the  provi- 
sions of  this  act. 

" 4 

OF  CITIES  AND  INCORPORATED  TOWNS. 

§ 79.  This  act  shall  not  be  so  construed  as  to  repeal  or 
change,  in  any  respect,  any  special  acts  in  relation  to  schools 
in  cities  or  incorporated  towns,  except  that  it  shall  be  the 
duty  of  the  several  boards  of  education  or  other  officers  of 
any  city  or  incorporated  town,  having  in  charge  schools 
under  the  provisions  of  any  of  the  said  special  acts,  or  of 


No  cost  to  be 
charged  in  cer- 
tain cases. 


Term  of  office. 


Leases  remain  va- 
lid. 


Of  cities  and  in- 
corporat’d towns 


1861. 


34 


any  ordinance  of  any  city  or  incorporated  town,  on  or  before 
the  second  Monday  of  October  preceding  each  regular  ses- 
sion of  the  general  assembly  of  this  state,  or  annually,  if  re- 
quired so  to  do  by  the  state  superintendent,  to  make  out  and 
render  a statement  of  all  such  statistics  and  other  informa- 
tion in  regard  to  schools,  and  the  enumeration  of  children 
or  white  persons,  as  required  to  be  communicated  by  town- 
ship boards  of  trustees  or  directors  under  the  provisions  of 
this  act,  or  so  much  thereof  as  may  be  applicable  to  said 
city  or  incorporated  town,  to  the  school  commissioner  of  the 
county  where  such  city  or  incorporated  town  is  situated,  or 
of  the  county  in  which  the  larger  part  of  such  city  or  town 
is  situated  ; nor  shall  it  be  lawful  for  the  county  school  com- 
missioner or  any  other  officer  or  person  to  pay  over  any  por- 
tion of  the  common  school  fund  to  any  local  treasurer,  school 
agent,  clerk,  board  of  education  or  other  officer  or  person  of 
s*  any  township,  city  or  incorporated  town,  unless  a report  of 
the  number  of  children  or  white  persons,  and  other  statistics 
relative  to  schools,  and  a statement  of  such  other  informa- 
tion as  are  required  of  the  boards  of  trustees  or  directors,  as 
aforesaid,  and  of  other  school  officers  and  teachers  under  the 
provisions  of  this  act,  shall  have  been  filed  at  the  time  or 
times  aforesaid,  specified  in  this  section,  with  the  school  com- 
missioner of  the  proper  county,  as  aforesaid. 

Schools  of  persons  § 80.  In  townships  in  which  there  shall  be  persons  of 
of  color.  color,  the  board  of  trustees  shall  allow  such  persons  a por- 
tion of  the  school  fund  equal  to  the  amount  of  taxes  col- 
lected for  school  purposes  trom  such  persons  of  color  in  their 
respective  townships. 

COMMON  SCHOOL  LANDS. 

common  school  § 81.  Section  number  sixteen  in  every  township  granted 
lands*  to  the  state  by  the  United  States  for  the  use  of  schools,  and 

such  sections  and  parts  of  sections  as  have  been  or  may  be 
granted  as  aforesaid,  in  lieu  of  all  or  part  of  section  number 
sixteen,  and  also  the  lands  which  have  been  or  may  be  se- 
lected and  granted  as  aforesaid,  for  the  use  of  schools,  to  the 
inhabitants  of  fractional  townships  in  which  there  is  no  sec- 
tion number  sixteen,  or  where  such  section  shall  not  contain 
the  proper  proportion  for  the  use  of  schools  in  such  frac- 
tional townships,  shall  be  held  as  common  school  lands ; and  * 
the  provisions  of  this  act  referring  to  common  school  lands 
shall  be  deemed  to  apply  to  the  lands  aforesaid. 

§ 82.  All  the  business  of  such  townships,  so  far  as  relates 
to  common  school  lands,  shall  be  transacted  in  that  county 
which  contains  all  or  a greater  portion  of  said  lands.  If 
any  person  shall,  without  being  duly  authorized,  cut,  fell,  box, 
bore,  destroy  01  car*1)  away  any  tree,  sapling  or  log  standing 
or  being  upon  any  school  lands,  such  person  shall  forfeit 


35 


1861. 


and  pay  for  every  tree,  sapling  or  log  so  felled,  boxed,  bored, 
destroyed  or  carried  away,  the  sum  of  eight  dollars ; which 
penalty  shall  be  recovered,  with  costs  of  suit,  by  an  action 
of  debt  or  assumpsit,  before  any  justice  of  the  peace  having 
jurisdiction  of  the  amount  claimed,  or  in  the  county  or  cir- 
cuit court,  either  in  the  corporate  name  of  the  board  of  trus- 
tees of  the  township  to  which  the  land  belongs,  or  by  action 
of  qui  tarn,  in  the  name  of  any  person  who  will  first  sue  for 
the  same — one-half  for  the  use  of  the  person  suing,  the 
* other  half  to  the  use  of  the  township  aforesaid.  When  two  Trespass, 

or  more  persons  shall  be  concerned  in  the  same  trespass, 
they  shall  be  jointly  and  severally  liable  for  the  penalty 
herein  imposed.  Every  trespasser  upon  common  school 
i lands  shall  be  liable  to  indictment,  and,  upon  conviction, 
fined  in  three  times  the  amount  of  the  injury  occasioned  by 
said  trespass,  and  shall  stand  committed  as  in  other  cases  of 
misdemeanor.  All  penalties  and  fines  collected  under  the  Penalties. 
. provisions  of  this  section  shall  be  paid  to  the  township  trea- 
surer, and  be  added  to  the  principal  of  the  township  fund ; 
and  all  other  fines,  penalties  and  forfeitures  imposed  or  in- 
curred in  any  of  the  circuit  courts  of  this  state,  or  collected 
by  justices  of  the  peace  or  other  county  officers,  except  fines 
collected  in  incorporated  towns  or  cities  for  the  violation  of 
the  by-laws  or  ordinances  of  said  towns  or  cities,  shall  be 
paid  to  the  school  commissioner  of  the  county  where  such 
fines,  penalties  and  forfeitures  have  been  collected,  and  the 
. same  shall  be  distributed  by  said  commissioner  in  the  same 
manner  as  the  common  school  funds  of  the  state  are  distri- 
buted; and  if  any  county  officer  or  justice  of  the  peace 
aforesaid  shall  fail  or  refuse  to  pay  as  aforesaid,  after  collec- 
tion, such  officer  or  justice  of  the  peace,  so  failing  or  refus- 
ing to  pay  as  aforesaid,  shall  forfeit  and  pay  double  the 
amount  of  such  fine,  penalty  or  forfeiture  as  aforesaid,  col- 
lected by  him,  to  be  recovered  before  any  court  having  juris- 
diction, in  a civil  action,  at  the  suit  of  the  school  commis- 
sioner. 


SALE  OF  COMMON  SCHOOL  LANDS. 

§ 83.  When  the  inhabitants  of  any  township  or  frac-  sale  of 
tional  township  shall  desire  the  sale  of  the  common  school  lands' 

4 land  of  the  township  or  fractional  township,  they  shall  pre- 
sent a petition  to  the  school  commissioner  of  the  county  in 
which  the  school  lands  of  the  township,  or  the  greater  part 
thereof,  lie,  for  the  sale  thereof;  which  petition  shall  be 
signed  by  at  least  two-thirds  of  the  white  male  inhabitants 
of  the  township  or  fractional  township,  of  and  over  twenty- 
one  years  of  age.  The  signing  of  the  petition  must  be  in  • 
the  presence  of  two  citizens  of  the  township,  after  the  true 
meaning  thereof  shall  have  been  explained;  and  when 
signed,  an  affidavit  shall  be  affixed  thereto  by  the  two  citi- 


school 


1861. 


36 


Proviso. 


Trustees  to  divide 
land  into  lots. 


Subdivision  of 
lots. 


Terms  of  selling. 


ace  of  selling. 


Notice. 


zens,  proving  the  signing  in  the  manner  aforesaid,  and 
stating  the  number  of  white  male  inhabitants  in  the  town- 
ship or  fractional  township,  of  and  over  twenty-one  years  of 
age ; and  said  petition,  so  proved,  shall  be  delivered  to  the 
school  commissioner  for  his  action  thereon  : Provided , that 
no  whole  section  shall  be  sold  in  any  township  containing 
less  than  two  hundred  inhabitants;  and  common  school 
lands  in  fractional  townships  may  be  sold  when  the  number 
of  inhabitants  and  number  of  acres  are  in  the  ratio  of  two 
hundred  to  six  hundred  and  forty,  but  not  before. 

§ 84.  When  the  petition  and  affidavits  are  delivered  to 
the  school  commissioner  as  aforesaid,  he  shall  notify  the 
trustees  of  said  township  thereof,  and  said  trustees  shall  im- 
mediately proceed  to  divide  the  land  into  tracts  or  lots  of 
such  form  and  quantity  as  will  produce  the  largest  amount 
of  money ; and  after  making  such  division,  a correct  plat  of 
the  same  shall  be  made,  representing  all  divisions,  with  each 
lot  numbered  and  defined,  so  that  its  boundaries  may  be 
forever  ascertained.  Said  trustees  shall  then  fix  a value  on 
each  lot,  having  regard  to  the  terms  of  sale,  certify  to  the 
correctness  of  the  plat,  stating  the  value  of  each  lot  per  acre, 
or  per  lot,  if  less  than  one  acre,  and  referring  to  and  describ- 
ing the  lot  in  the  certificate,  so  as  fully  and  clearly  to  dis- 
tinguish and  identify  each  lot;  which  plats  and  certificate 
shall  be  delivered  to  the  school  commissioner,  and  shall 
govern  him  in  advertising  and  selling  said  lands. 

§ 85.  In  subdividing  common  school  lands  for  sale,  no 
lot  shall  contain  more  than  eighty  acres,  and  the  division 
may  be  made  into  town  or  village  lots,  with  roads,  streets 
or  alleys  between  them  and  through  the  same ; and  all  such 
divisions,  with  all  similar  divisions  hereafter  made,  are 
hereby  declared  legal,  and  all  such  roads,  streets  and  alleys, 
public  highways. 

§ 86.  The  terms  of  selling  common  school  lands  shall  be 
to  the  highest  bidder,  for  cash,  with  the  privilege  to  each 
purchaser  of  borrowing  from  the  school  commissioner  the 
amount  of  his  bid  for  any  period  not  less  than  one  or  more 
than  five  years,  upon  his  paying  interest  and  giving  security, 
as  in  case  of  money  loaned  by  township  treasurer,  as  pro- 
vided in  this  act. 

§ 87.  The  place  of  selling  common  school  lands  shall  be 
at  the  court  house  of  the  county  in  which  the  lands  are  sit- 
uated ; or  the  trustees  of  schools  may  direct  the  sale  to  be 
made  on  the  premises ; and  upon  the  reception  by  the 
school  commissioner  of  the  plat  and  certificate  of  valuation 
from  the  trustees,  he  shall  proceed  to  advertise  the  said  land 
for  sale,  in  lots,  as  divided  and  laid  off  by  said  trustees,  by 
posting  notices  thereof  in  at  least  six  public  places  in  the 
county,  forty  days  next  anterior  to  the  day  of  sale,  describ- 
ing the  land,  and  stating  the  time,  terms  and  place  of  sale ; 
and  if  any  newspaper  is  published  in  said  county,  said  ad- 


* 


* 


37 


1861. 


i 


vertisement  shall  be  printed  therein  for  four  weeks  before 
the  day  of  sale — if  none,  then  it  shall  be  sold  under  the  no- 
tice aforesaid. 

§ 88.  Upon  the  day  appointed  the  school  commissioner  school  commis- 
shall  proceed  to  make  sales  as  follows,  viz : He  shall  begin  sales.1" 
at  the  lowest  number  of  lots  and  proceed  regularly  to  the 
highest,  till  all  are  sold  or  offered.  No  lot  shall  be  sold  for 
less  than  its  valuation  by  the  trustees.  Sales  shall  be  made 
between  the  hours  of  ten  o’clock,  a.  m.,  and  six  o’clock,  p.  m., 
and  may  continue  from  day  to  day.  The  lots  shall  be  cried 
separately,  and  each  lot  cried  long  enough  to  enable  any 
one  present  to  bid  who  desires  it. 

§ 89.  Upon  closing  the  sales  each  day,  the  purchasers  pcauyr^nftubese' 
shall  each  pay  or  secure  the  payment  of  the  purchase  money, 
according  to  the  terms  of  sale  ; or  in  case  of  his  failure  to  do 
so  by  ten  o’clock  the  succeeding  day,  the  lot  purchased  shall 
be  again  offered  at  public  sale,  on  the  same  terms  as  before, 
and  if  the  valuation  or  more  shall  be  bid,  shall  be  stricken 
off ; but  if  the  valuation  be  not  bid  the  lot  shall  be  set  down 
as  not  sold.  If  the  sale  is  or  is  not  made,  the  former  pur- 
chaser shall  be  required  to  pay  the  difference  between  his 
bid  and  the  valuation  of  the  lot ; and  in  case  of  his  failing  to 
make  such  payment,  the  school  commissioner  may  forthwith 
nstitute  an  action  of  debt  or  assumpsit,  in  his  name,  as  com- 
missioner, for  the  use  of  the  inhabitants  of  the  township 
where  the  land  lies,  for  the  required  sum ; and  upon  making 
proof,  shall  be  entitled  to  judgment,  with  costs  of  suit; 
which,  when  collected,  shall  be  added  to  the  principal  of  the 
township  fund.  And  if  the  amount  claimed  does  not  ex- 
ceed one  hundred  dollars,  the  suit  may  be  instituted  before 
a justice  of  the  peace ; but  if  more  than  that  sum,  then  in 
the  circuit  court  of  any  county  wherein  the  party  may  be 
found. 

§ 90.  All  lands  not  sold  at  public  sale,  as  herein  pro-  unsold  lands  sub- 
vided  for,  shall  be  subject  to  sale  at  any  time  thereafter,  at  ™iuation.ale 
the  valuation ; and  school  commissioners  are  authorized  and 
required,  when  in  their  power,  to  sell  all  such  lands  at  pri- 
vate sale,  upon  the  terms  at  which  they  are  offered  at  public 
sale. 

§ 91.  In  all  cases  where  common  school  lands  have  been  Trusteesto  cause 

« ° a new  valuation. 

heretoiore  valued,  and  have  remained  unsold  tor  two  years, 
after  having  been  offered  for  sale,  or  shall  hereafter  remain 
unsold  tor  that  length  of  time,  after  being  valued  and  offer- 
ed for  sale  in  conformity  to  this  act,  the  trustees  of  schools 
where  such  lands  are  situated  may  vacate  the  valuation 
thereof,  by  an  order  to  be  entered  in  book  A,  of  the  school 
commissioner,  and  cause  a new  valuation  to  be  made,  if  in 
their  opinion  the  interests  of  the  township  will  be  promoted 
thereby.  They  shall  make  said  second  valuation  in  the 
same  manner  as  the  first  was  made,  and  shall  deliver  to  the 
school  commissioner  a plat  of  such  second  valuation,  with 


1861. 


88 


Proviso. 

Certificates 

purchase. 


the  order  of  vacation,  to  be  entered  as  aforesaid;  whereupon 
said  school  commissioner  shall  proceed  in  selling  said  lands 
in  all  respects  as  if  no  former  valuation  had  been  made: 
Provided , that  the  second  valuation  may  be  made  by  the 
trustees  of  schools,  without  petition  as  provided  in  this  act. 

§ 92.  Upon  the  completion  of  every  sale  by  the  pur- 
chaser, the  school  commissioner  shall  enter  the  same  on  book 
B,  and  shall  deliver  to  the  purchaser  a certificate  of  pur- 
chase, stating  therein  the  name  and  residence  of  the  pur- 
chaser, describing  the  land  and  the  price  paid  therefor ; 
which  certificate  shall  be  evidence  of  the  facts  therein 
stated. 


^choo].en c omrais-  § 93-  At  the  first  regular  term  of  the  county  court  in 

sioner  to  county  each  year,  the  school  commissioner  shall  present  to  the  court 
court.  0f  county — first,  a statement  showing  the  sales  of  school 

lands  made  subsequent  to  the  first  regular  term  of  the  pre- 
vious year,  which  shall  be  a true  copy  of  the  sale  book, 
(book  B ;)  second,  statements  of  the  amount  of  money  re- 
ceived, paid,  loaned  out  and  on  hand,  belonging  to  each 
township  or  fund  under  his  control — the  statement  of  each 
fund  to  be  separate ; third,  statements  copied  from  his  loan 
book,  (book  0)  showing  all  the  facts  in  regard  to  loans 
which  are  required  to  be  stated  upon  the  loan  book ; all  of 
which  the  county  court  shall  thereupon  examine  and  com- 
pare with  the  vouchers,  and  the  said  county  court,  or  so 
many  of  them  as  may  be  present  at  the  term  of  the  court, 
shali  be  liable  individually  to  the  fund  injured,  and  to  the 
securities  of  said  school  commissioners,  in  case  judgment  be 
recovered  of  said  securities,  for  all  damages  occasioned  by  a 
neglect  of  the  duties,  or  any  of  them,  required  of  them  by 
Proviso.  this  section : Provided , nothing  herein  contained  shall  be 
construed  to  exempt  the  securities  of  said  school  commis- 
sioner from  any  liability  as  such  securities,  but  they  shall 
still  be  liable  to  the  fund  injured  the  same  as  if  the  county 
commissioners  were  not  liable. 

TfurniS  tothe  § 94.  The  school  commissioner  shall  also,  at  the  time 
auditor.  e aforesaid,  transmit  to  the  auditor  of  public  accounts  a full 
and  exact  transcript  from  book  B of  all  the  sales  made  sub- 
sequent to  each  report.  The  statement  required  to  be  pre- 
sented to  the  county  court  shall  be  preserved  and  copied 
by  the  clerk  of  said  court  into  a well  bound  book,  kept  for 
that  purpose;  and  the  list  transmitted  to  the  auditor,  shall 
be  filed,  copied  and  preserved  in  like  manner. 

Purchasers  to  re-  s 95.  Every  purchaser  of  common  school  land  shall  be 
entitled  to  a patent  from  the  state,  conveying  and  assuring 
the  title.  Patents  shall  be  made  out  by  the  auditor  from  re- 
turns made  to  him  by  the  school  commissioner.  They  shall 
contain  a description  of  the  land  granted ; and  shall  be  in 
the  name  of  and  signed  by  the  governor,  countersigned  by 
the  auditor,  with  the  great  seal  of  the  state  affixed  thereto 
by  the  secretary  of  state,  and  shall  operate  to  vest  in  the 


V 


39 


1861. 


purchaser  a perfect  title  in  fee  simple.  When  patents  are 
executed  as  herein  required,  the  auditor  shall  note  on  the 
list  of  sales  the  date  of  each  patent,  in  such  manner  as  to 
perpetuate  the  evidence  of  its  date  and  delivery,  and  there- 
upon transmit  the  same  to  the  school  commissioner  of  the 
proper  county,  to  be  by  him  delivered  to  the  patentee,  his 
heirs  or  assigns,  upon  the  return  of  the  original  certificate 
of  purchase ; which  certificate,  when  returned,  shall  be  filed 
» and  preserved  by  the  school  commissioner. 

§ 96.  Purchasers  of  common  school  lands,  and  their  Duplicate  copies, 
heirs  and  assigns,  may  obtain  duplicate  copies  of  their  cer- 
tificates of  purchase  and  of  patents,  upon  filing  affidavit 
) / with  the  school  commissioner  in  respect  to  certificates,  and 
with  the  auditor  in  respect  to  patents,  proving  the  loss  or 
destruction  of  the  originals ; and  such  copies  shall  have  all 
the  force  and  effect  of  the  originals. 

ACTS  REPEALED PUBLICATION  AND  DISTRIBUTION  OF  THE  ACT. 

§ 97.  An  act  entitled  “An  act  to  establish  and  ma  i n tn  Acts  repealed, 
common  schools,35  approved  February  12th,  1819,  and  an 
act  to  amend  said  act,  approved  February  12th,  1851,  an  d 
an  act  entitled  “An  act  to  increase  the  school  fund,”  a p- 
proved  February  10th,  1853,  and  all  other  acts  and  parts  of 
acts  coming  in  conflict  with  the  provisions  of  this  act,  are 
hereby  repealed.  This  act  to  be  in  force  from  and  after  its 
passage. 

§ 98.  The  public  printer  is  hereby  required  to  print  ^eprintedand 
fifty  thousand  copies  of  the  whole  act,  as  amended,  under  distributed, 
the  direction  of  the  superintendent  of  public  instruction,  and 
to  be  distributed  by  him  to  the  several  counties  of  the  state, 
according  to  population. 

Approved  February  22,  1861. 


AN  ACT  for  the  establishment  and  maintenance  of  a Normal  University.  In  force  February 

18,  1859. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  Gceneral  Assembly , That  C.  B. 

Denio,  of  JoDaviess  county,  Simeon  Wright,  of  Lee  county,  corporators. 
Daniel  Wilkins,  of  McLean  county,  0.  E.  Ilovey,  of  Peoria 
county,  George  B.  Rex,  of  Pike  county,  Samuel  W.  Moul- 
ton, of  Shelby  county,  John  Gillespie,  of  Jasper  county, 

George  Bunsen,  of  St.  Clair  county,  Wesley  Sloan,  of  Pope 
county,  Ninian  W.  Edwards,  of  Sangamon  county,  John 
Eden,  of  Moultrie  county,  Flavel  Mosely,  of  Cook  county, 

William  H.  Wells,  of  Cook  county,  Albert  R.  Shannon,  of 
White  county,  and  the  superintendent  of  public  instruction, 


1861. 


40 


ex  officio,  with  their  associates,  who  shall  be  elected  as  herein 
provided,  and  their  successors,  are  hereby  created  a body 
style.  corporate  and  politic,  to  be  styled  “The  Board  of  Education 

of  the  State  of  Illinois,”  and  by  that  name  and  style  shall 
General  -powers.  pave  perpetual  succession,  and  have  power  to  contract  and 
be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be  im- 
pleaded, to  acquire,  hold  and  convey  real  and  personal  pro- 
perty, to  have  and  use  a common  seal,  and  to  alter  the  same 
at  pleasure ; to  make  and  establish  by-laws  and  alter  or  re- 
peal the  same  as  they  shall  deem  necessary  for  the  govern- 
ment of  the  Normal  University  hereby  authorized  to  be  es- 
tablished or  any  of  its  departments,  officers,  students  or  em- 
ployees, not  in  conflict  with  the  constitution  and  laws  of 
this  state,  or  of  the  United  States  ; and  to  have  and  exercise 
all  powers,  and  be  subject  to  all  duties  usual  and  incident 
to  trustees  of  corporations. 

superintendent.  § 2.  The  superintendent  of  public  instruction,  by  virtue 
of  his  office,  shall  be  a member  and  secretary  of  said  board, 
and  shall  report  to  the  legislature  at  its  regular  sessions  the 
condition  and  expenditures  of  said  Normal  University,  and 
communicate  such  further  information  as  the  said  board  of 
education  or  the  legislature  may  direct. 

Members  not  to  § 3.  No  member  of  the  board  of  education  shall  receive 
receive  oompen- any  compensation  for  attendance  on  the  meetings  of  the 
board,  except  his  necessary  traveling  expenses ; which  shall 
be  paid  in  the  same  manner  as  the  instructors  employed  in 
the  said  Normal  University  shall  be  paid.  At  all  the  stated  * 
and  other  meetings  of  the  board,  called  by  the  president  or 
secretary,  or  any  five  members  of  the  board,  five  members 
shall  constitute  a quorum,  provided  all  shall  have  been  duly 
notified. 

object  of  assoda-  § 4.  The  objects  of  the  said  Normal  University  shall  be 
to  qualify  teachers  for  the  common  schools  of  this  state,  by 
imparting  instruction  in  the  art  of  teaching,  in  all  branches 
of  study  wfliich  pertain  to  a common  school  education,  in  the 
elements  of  the  natural  sciences,  including  agricultural 
chemistry,  animal  and  vegetable  physiology,  in  the  funda- 
mental laws  of  the  United  States  and  of  the  state  of  Illinois 
in  regard  to  the  rights  and  duties  of  citizens,  and  such  other 
studies  as  the  board  of  education  may  from  time  to  time 
prescribe. 

§ 5.  The  board  of  education  shall  hold  its  first  meeting 
of  board  of  edu-  at  the  office  ot  the  superintendent  ot  public  instruction,  on 
the  first  Tuesday  in  May  next,  at  which  meeting  they  shall 
appoint  an  agent,  fixing  his  compensation,  who  shall  visit 
the  cities,  villages,  and  other  places  in  the  state,  which  may 
be  deemed  eligible  for  the  purpose,  to  receive  donations  and 
proposals  for  the  establishment  and  maintenance  of  the  Nor- 
mal University.  The  board  shall  have  power  and  it  shall 
be  their  duty  to  fix  the  permanent  location  of  said  Normal 
University  at  the  place  where  the  most  favorable  induce- 


41 


1861. 


ments  are  offered  for  that  purpose : Provided,  that  such  lo- 
cation shall  not  be  difficult  of  access,  or  detrimental  to  the 
welfare  and  prosperity  of  said  Normal  University. 

§ 6.  The  board  of  education  shall  appoint  a principal, 
lecturer  on  scientific  subjects,  instructors  and  instructresses, 
together  with  such  officers  as  shall  be  required  in  the  said 
Normal  University,  fix  their  respective  salaries  and  prescribe 
their  several  duties.  They  shall  also  have  power  to  remove 
any  of  them  for  proper  cause,  after  having  given  ten  days’ 
notice  of  any  charge  which  may  be  duly  presented  and  rea- 
sonable opportunity  of  defense.  They  shall  also  prescribe 
the  text  books,  apparatus  and  furniture  to  be  used  in  the 
University,  and  provide  the  same ; and  shall  make  all  regu- 
lations necessary  for  its  management.  And  the  board  shall 
have  power  to  recognize  auxiliary  institutions  when  deemed 
practicable : Provided , that  such  auxiliary  institutions  shall 
not  receive  any  appropriation  from  the  treasury,  or  the 
seminary  or  university  fund. 

§ 7.  Each  county  within  the  state  shall  be  entitled  to 
gratuitous  instruction  for  one  pupil  in  said  Normal  Univer- 
sity ; and  each  representative  district  shall  be  entitled  to 
gratuitous  instruction  for  a number  of  pupils  equal  to  the 
number  of  representatives  in  'said  district,  to  be  chosen  in 
the  following  manner  : The  school  commissioner  in  each 
county  shall  receive  and  register  the  names  of  all  applicants 
for  admission  in  said  Normal  University,  and  shall  present 
the  same  to  the  county  court,  or,  in  counties  acting  under 
township  organization,  to  the  board  of  supervisors,  as  the 
case  may  be,  shall,  together  with  the  school  commissioner, 
examine  all  applicants  so  presented  in  such  manner  as  the 
board  of  education  may  direct,  and  from  the  number  of  such 
as  shall  be  found  to  possess  the  requisite  qualifications,  such 
pupils  shall  be  selected  by  lot ; and  in  representative  dis- 
tricts composed  of  more  than  one  county,  the  school  commis- 
sioner and  county  judge,  or  the  school  commissioner  and 
chairman  of  the  board  of  supervisors,  in  counties  acting 
under  township  organization,  as  the  case  may  be,  of  the  sev- 
eral counties  composing  such  representative  district,  shall 
meet  at  the  clerk’s  office  of  the  county  court  of  the  oldest 
county,  and  from  the  applicants  so  presented  to  the  county 
court,  or  board  of  supervisors,  of  the  several  counties  repre- 
sented and  found  to  possess  the  requisite  qualifications,  shall 
select  by  lot  the  number  of  pupils  to  which  said  district  is 
entitled.  The  board  of  education  shall  have  discretionary 
power,  if  any  candidate  does  not  sign  and  file  with  the  sec- 
retary of  the  board  a declaration  that  he  or  she  will  teach 
in  the  public  schools  within  the  state,  in  case  that  engage- 
ments can  be  secured  by  reasonable  efforts,  to  require  such 
candidate  to  provide  for  the  payment  of  such  fees  for  tuition 
as  the  board  may  prescribe. 


Appoint  principal 
and  lecturer. 


Text  books. 


Provide  auxiliary 


Each  county  enti- 
tled to  gratuitous 
instruction  for 
pupils. 


Application  of  pu- 
pils. 


Selected  by  lot. 


Required  to  file 
declaration. 


1861. 


42 


Appropriation. 


Term  of  office. 


Vacancies  — how 
filled. 


Elect  president. 


Appointment  of 
treasurer. 


§ 8.  The  interest  of  the  university  and  seminary  fund, 
or  such  part  thereof  as  may  be  found  necessary,  shall  be  and 
is  hereby  appropriated  for  the  maintenance  of  said  Normal 
University,  and  shall  be  paid  on  the  order  of  the  board  of 
education  from  the  treasury  of  the  state ; but  in  no  case 
shall  any  jDart  of  the  interest  of  said  fund  be  applied  to  the 
purchase  of  sites,  or  for  buildings  for  said  university. 

§ 9.  The  board  shall  have  power  to  appropriate  the  one 
thousand  dollars  received  from  the  Messrs.  Meriams,  of 
Springfield,  Massachusetts,  by  the  late  superintendent,  to 
the  purchase  of  apparatus  for  the  use  of  the  Normal  Univer- 
sity, when  established;  and  hereafter,  all  gifts,  grants  and 
demises  which  may  be  made  to  the  said  Normal  University 
shall  be  applied  in  accordance  with  the  wishes  of  the  donors 
of  the  same. 

§ 10.  The  board  of  corporators  herein  named  and  their 
successors  shall  each  of  them  hold  their  office  for  the  term 
of  six  years : Provided , that  at  the  first  meeting  of  said 
board,  the  said  corporators  shall  determine,  by  lot,  so  that 
one-tliird  shall  hold  their  office  for  two  years,  one-third  for 
four  years  and  one-third  for  six  years.  The  governor,  by 
and  with  the  advice  and  consent  of  the  senate,  shall  fill  all 
vacancies  wThich  shall  at  any  time  occur  in  said  board,  by 
appointment  of  suitable  persons  to  fill  the  same. 

§ 11.  At  the  first  meeting  of  the  board,  and  at  each 
biennial  meeting  thereafter,  it  shall  be  the  duty  of  said 
board  to  elect  one  of  their  number  president,  who  shall 
serve  until  the  next  biennial  meeting  of  the  board  and  until 
his  successor  is  elected. 

§ 12.  At  each  biennial  meeting  it  shall  be  the  duty  of 
the  board  to  appoint  a treasurer,  who  shall  not  be  a member 
of  the  board,  and  who  shall  give  bond,  with  such  security  as 
the  board  may  direct,  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office. 

§ 13.  This  act  shall  take  effect  on  and  after  its  passage, 
and  be  published  and  distributed  as  an  appendix  to  the 
school  law. 

Approved  February  18,  1857. 


INDEX 


PAGE. 


Accounts  of  treasurer,  how  to  be  kept 24 

Acts,  this  act  not  to  repeal  special  acts 33 

what,  repealed  by  this  act 39 

this  act  to  be  in  force,  when 39 

how  many  copies  of  this  to  be  printed 39 

how  to  be  distributed 39 

Actions.  See  “Suits,” 

Advertisement  of  sale  of  school  land 36 

See  “ Notice,” 

Apportionment,  how  made  among  townships 7 

funds  to  schools  composed  of  different  districts  12 

how  made  in  forming  new  districts 12 

Attachment.,  in  what  cases,  may  issue 20 

Auction,  lands  may  be  sold  at,  by  trustees 15 

Auditor  of  public  accounts,  his  duties 30 

shall  make  dividends  of  school  funds 30 

shall  issue  warrants  for  same 30 

to  be  furnished  with  transcripts  of  sales 38 

shall  issue  patents  to  purchasers  of  school 

lands 38 

may  issue  duplicate  copies  of  patents 39 

Bands,  of  superintendent 3 

of  school  commissioners 5 

form  of 6 

of  township  treasurer,  where  to  be  filed 7 

directors  may  issue  for  borrowed  money 19 

how  such  are  to  be  executed 19 

of  township  treasurer 24 

Books,  for  school  commissioner,  how  paid  for 3 

C. 

Causes  of  action,  existing  to  remain  valid 33 

See  “Suits.” 

Certificates,  of  board  of  directors 18 

of  teachers 21 

grades  of 21 

of  teachers,  to  be  attached  to  schedules 22 

form  of 22 

of  directors,  to  be  attached  to  schedules 23 

form  of 23 

of  purchase  to  be  given ...  38 

of  purchase,  duplicates  may  issue 39 

Circulars,  to  be  issued  by  superintendent 4 

Cities.  See  “ Towns  and  Cities.” 

Clerk  of  board  of  trustees,  how  appointed 11 

duties  of 11 

must  join  in  executing  conveyances 14 

of  board  of  directors 16 

of  board  of  directors  to  sign  bonds 18 

county,  to  make  computation  of  taxes 18 

computation  to  be  final 18 

shall  delive  r to  treasurer  certificate  of  amount 

due ...  18 

how  to  proceed  where  a district  is  in  two  coun- 
ties  19 

Collector,  county,  to  pay  over  taxes  to  township 

treasurer IS 

in  case  of  refusal  to  pay  over,  may  be  sued 19 

not  liable  for  taxes  he  could  not  collect 19 

to  pay  over  taxes  on  warrant  of  auditor 30 

to  pay  gold  and  silver 30 


PAGE. 

Collector  may  be  proceeded  against  in  county  court  30 


compensation  of. 81 

Compensation,  of  superintendent 5 

of  collectors 31 

of  commissioners 31 

of  township  treasurers 31 

of  county  treasurers 31 


Common  school  lands.  See  “ Lands”  and  “ Real 
Estate.” 

Common  school  funds.  See  “ Funds”  and  “Mo- 
neys.” 

Commissioners.  See  “ School  Commissioners.” 


Compromise,  may  be  made  by  trustees 15 

Consolidation  of  two  or  more  districts 14 

Contracts,  to  remain  valid 33 

directors  shall  not  be  interested  in 16 

Conveyances,  of  school  sites,  how  executed 14 

to  trustees,  how  to  be  made 15 

of  school  lands,  how  made 38 

Costs,  none  to  b?  charged  against  shool  officers,  in 

certain  cases 33 

of  suits  for  trespassing  on  school  lands 35 

See  “ Suits.” 

Counties,  not  collecting  funds,  to  receive  none.. . . 29 

how  taxes  are  to  be  distributed  to 30 

Courts,  county,  may  remove  school  commissioners  6 
may  require  new  bond  from  commissioners.  . . 6 

invested  with  jurisdiction  in  certain  cases 13 

shall  have  jurisdiction  in  trespass  to  school 

lands 35 

shall  have  jurisdiction  in  actions  against  col- 
lectors   


D. 


Damages  may  be  awarded  against  collector 19 

may  be  awarded  on  breach  of  mortgage 26 

Devise,  may  be  bequeathed  to  trustees 14 

Debts,  due  to  schools,  to  be  first  paid 26 

Directors,  school  or  disirict 

duty  of,  to  transfer  pupils 12 

to  have  control  of  schools  formed  from  two  or 

more  districts 12 

to  draw  orders  for  money 12 

to  pay  share  of  expenses 12 

to  have  control  of  school  houses,  etc. 14 

may  convey  school  site 14 

election  of 16 

in  case  of  vacancy  in  board  of,  how  filled. ...  16 

election  may  be  postponed 16 

to  appoint  a clerk — duties  of 16 

shall  not  be  trustees 16 

shall  not  be  interested  in  contracts 16 

may  levy  a tax  for  cchool  purposes 17 

shall  determine  amount  necessary  to  be  raised 

for  school  purposes 17 

shall  determine  what  rate  per  cent,  shall  be 

levied 17 

shall  make  known  estimates,  with  a list  of  tax 

payers  to  county  clerk  by  certificate 17 

form  of  certificate , 17  1 

shall  inform  collector,  where  districts  are  com- 
posed of  several  townships,  to  what  treasur- 
er to  pay  over  taxes 

how  to  proceed  where  a district  is  in  two  coun- 
ties   18 


INDEX 


[ii] 


PAGE. 


PAGE. 


Directors,  school  or  district — 

may  borrow  money 

to  be  a body  corporate,  etc 

may  purchase  libraries 

shall  establish  schools,  erect  houses,  etc 

shall  visit  schools 

shall  appoint  teachers 

may  dismiss  them 

may  expend  surplus  moneys 

liable  for  balance  due  teachers 

when  execution  may  issue  against 

shall  examine  and  certify  to  schedules 

form  of  certificate 

shall  file  schedule  with  treasurer 

not  to  certify  schedule  in  certain  cases 

exempted  from  working  on  roads  and  serving 

on  juries 

liabilities  of 

penalty  for  failing  fo  perform  duties 

heretofore  appointed,  to  continue  in  office  until 

successors  are  elected 

See  “Officers  of  schools.” 

Directors  of  union  schools,  how  appointed,  and 

their  duties  

Distribution,  how  made  in  forming  new  districts. .. 

how  made  in  dividing  districts 

of  taxes,  to  counties 

Districts,  school,  may  be  formed  from  two  or  more 

townships 

pupils,  from  two  or  more,  may  be  transferred, 
when  several  districts  are  consolidated,  new 

district  to  own  the  property 

in  case  of  division  of,  funds  to  be  distributed. . 
when  composed  of  two  or  more  townships,  how 

to  collect  taxes 

when  situated  in  two  counties,  how  taxes  are 

to  be  collected 

Dividends,  of  school  tax,  to  be  declared  by  auditor 
to  be  paid  on  auditor’s  warrant 

EJ. 

Elections,  of  superintendent  of  public  instruction. . 

of  school  commissioners 

of  trustees  of  schools 

trustees  to  act  as  judges  and  clerks  of 

manner  of  conducting,  for  trustees  

qualification  of  voters  at,  for  trustees 

in  case  of  a tie  in,  for  trustees 

judges  of  to  deliver  to  school  commissioner 

poll  hook  and  certificate 

poll  book  and  certificate  to  be  evidence 

of  school  directors : 

judges  of,  their  duty, 

for  purpose  of  raising  funds,  to  be  submitted 

to  the  people 

shall  be  held  before  issuing  bonds  for  borrow- 
ed money 

shall  be  held  in  order  to  erect  or  change  school 

houses 

Evidence,  receipt  of  township  treasurer  shall  be.. 

school  commissioner  may  give 

poll  book  and  certificate  of  election  to  be 

poll  book  and  certificate  of  election  to  be 

Examination,  of  books,  notes,  accounts,  etc.,  to  be 

made 

of  teachers 

Executions.  “See  Judgments  and  Executions.” 
Exemption,  of  school  officers  from  working  road, 

serving  on  juries,  etc 

Expenses  of  supporting  schools,  how  paid 

Executors  and  administrators  shall  pay  school 
debts  first  


E\ 


Fines.  See  “Penalties,” 

Funds,  may  be  withheld  by  superintendent 

county,  may  be  loaned 

tax,  how  divided  in  formation  of  new  district 

how  distributed  by  trustees 

trustees  may  make  orders  for  collection  of 

how  distributed  in  division  of  a district 


19 

19 

IT 

19 

19 

19 

19 

16 

19 

19 

23 

23 

23 

23 

31 

31 

32 

33 


12 

12 

16 

30 

12 

12 

14 

14 

18 

19 

30 

30 


3 

5 

9 

10 

9 

10 

10 

10 

11 

15 

16 


Funds,  not  to  be  paid  out  except  as  designated 

what  shall  constitute  the  principal  of  school. . . 

no  part  of  school,  to  be  expended 

how  to  be  paid  out 

form  of  order 

what  shall  constitute  school 

where  a county  fails  to  collect  taxes,  not  to  be 

received  by  such  county 

state  to  pay  interest  on  school 

dividends  to  be  made  by  auditor,  of  school 

to  be  paid  on  auditor’s  warrants 

not  to  be  paid  to  local  treasurer  in  certain 

cases  

persons  of  color  to  have  benefit  of 

statement  of,  to  be  made  by  commissioner 

See  “Moneys.” 


Gr. 

Gifts  and  grants  may  be  made  to  trustees 

I. 

Improvements,  liable  to  be  destroyed,  not  be  in- 
cluded in  mortgages 

Indictment,  persons  liable  to,  for  trespassing  on 
school  lands * . 

Interest,  on  money  loaned,  account  to  be  kept  by 

commissioners 

of  county  fund,  how  to  be  applied 

what  rate  of,  may  be  levied  by  directors 

on  money  borrowed  by  directors 

rate  of,  on  money  loaned  by  treasurer 

proceedings  in,  case  of  failure  to  pay 

to  be  paid  by  the  state  on  school  fund 

J. 

Judgments  and  executions,  real  estate  may  be  pur- 
chased by  trustees  in  satisfaction  of 

for  damages  against  collector 

in  what  cases  executions  may  issue  against 

trustees  and  directors 

may  be  rendered  by  county  court  against  col- 
lector   

in  case  of,  against  treasurer 

to  be  a lien  from  date  of  process 

Justices  of  the  peace  to  have  jurisdiction  in  certain 

cases 

to  have  jurisdiction  in  certain  cases 

in  case  of  failure  to  pay  over  fines,  etc 

Xj. 


20 

19 

20 
T 
9 

11 

IT 

14 

20 


3T 

12 

26 


5 

T 

12 

12 

12 

14 


Lands,  school,  petition  for  sale  of,  to  be  recorded . . 

account  of  sales  of,  to  be  kept 

purchases  of,  declared  valid 

leases  of  to  remain  valid 

heretofore  ottered  for  sale,  how  to  be  sold 

what  shall  constitute  school 

business  of  townships  shall  be  transacted  in 
the  county  which  contains  the  greatest  por- 
tion of 

penalty  for  cutting  trees  on 

penalty  for  trespassing  on 

sales  of,  how  to  be  made 

what  number  of  inhabitants  a township  shall 

contain  in  order  to  sell 

how  to  be  subdivided 

terms  of  sale  of 

plac':.  of  selling 

notice  of  sale  of 

school  commissioners  shall  sell,  and  how 

payment  for,  how  to  be  made 

unsold,  how  to  be  disposed  of 

certificate  of  purchase  to  be  given 

statement  of  sales  of,  how  made 

transcript  of  sales  of,  to  be  made  to  auditor. . . 

purchasers  of,  to  receive  a patent 

See  “ Ileal  Estate.” 

Leases,  of  school  lands  to  remain  valid 

Liabilities, :of  school  officers 


21 

28 

29 

29 

29 

29 

29 


30 

30 


34 

34 

38 


14 


26 

35 

T 

T 

16 

19 

14 

2T 

30 


15 

14 

20 

20 

32 

32 

2T 

35 

35 


6 

6 

15 

33 

33 

34 


34 

35 

35 

36 

36 

36 

36 

36 

8T 

3T 

3T 

3T 

38 

38 

38 

38 


33 

31 


INDEX 


[in] 


PAGE. 

Liabilities,  real  estate  bound  for  claims  against 

school  officers 32 

See  “ Penalties.” 

Libraries,  may  be  purchased  by  directors 17 

Liens,  process  against  school  officers  shall  be  from 

date 32 

Loans,  of  money  by  treasurer,  to  be  made  .......  25 

Mi- 

Mandamus,  may  be  issued  in  certain  cases 20 

Maps,  of  townships  to  be  prepared 11 

to  be  certified  and  recorded 12 

Meetings,  for  examination  of  teachers 21 

Moneys,  to  be  delivered  by  school  commissioner  to 

successor 8 

may  be  loaned  by  school  commissioner 8 

to  be  paid  on  order  of  the  directors 12 

for  use  of  township  to  be  paid  to  treasurer 14 

for  school  purposes  may  be  raised  by  directors.  1 6 
rate  per  cent,  to  be  determined  by  directors. . ljk 

may  be  borrowed  by  directors 1 u 

surplus,  may  be  expended  by  directors 17 

may  be  loaned  by  treasurer 25 

additional  security  may  be  required 26 

See  “ Funds.” 

Mortgages,  in  name  of  school  commissioner  de- 
clared valid 8 

suits  may  be  brought  on,  and  how 8 

may  be  canceled  by  trustees 15 

to  be  taken  for  money  loaned  by  treasurer 25 

form  of 26 

in  case  of  breach,  suit  may  be  maintained 26 

improvements  liable  to  be  destroyed  not  to  be 
included  in 26 

1ST. 

Negroes.  See  “ Persons  of  color.” 

Notes,  in  name  of  school  commissioner  declared 


valid.  8 

how  suits  may  be  brought  on 8 

fa.  may  be  canceled  by  trustees 15 

* may  be  taken  by  treasurer  for  money  loaned . . 25 

Notice  of  sale  of  school  site  to  be  posted 14 

of  sale  of  real  estate 1 15 

of  election  of  directors 15 

of  election  to  borrow  money 16 

of  election  to  change  school  houses 20 

of  meetings  for  examination  of  teachers 21 

of  sales  of  school  lands 37 

O. 

Office,  term  of,  of  superintendent 3 

oath  of,  superintendent .“.  3 

term  of,  school  commissioners 5 

term  of,  trustees 9 

school  commissioners  to  continue  in,  until  suc- 
cessors are  elected 33 

trustees  of  schools  to  continue  in,  until  succes- 
sors elected 33 

directors  to  continue  in,  until  successors  elec- 
ted  33 

Officers  of  schools,  exempted  from  working  roads, 

serving  on  juries,  etc 31 

liabilities  of 31 

real  estate  of,  subject  to  lien 32 

subject  to  penalty  for  failing  to  do  duty 32 

of  schools  responsible  for  losses 32 

not  liable  for  costs  in  certain  cases 33 

heretofore  appointed  to  continue  in  office  until 

successors  are  elected 33 

in  towns  and  cities,  their  duties 34 

of  courts,  not  to  require  costs  in  certain  cases . . 33 

in  case,  fail  to  pay  over  fines,  etc 35 

IP. 

Patents,  to  be  given  to  purchasers  of  school  lands.  88 

how  to  be  issued . 38 

duplicate  copies  of,  may  be  issued 39 

Payment,  for  school  lands,  how  to  be  made 36 

Penalties,  what,  collectors  may  be  subject  to 19 


PAGE. 

Penalties,  what,  township  treasurer  may  be  subject 


to 27 

what,  school  officers  may  be  subject  to 31 

what,  school  officers  may  be  subject  to  for  fail- 
ing in  their  duties 32 

what,  in  case  of  false  returns  32 

how  disposed  of 33 

for  cutting  trees  on  school  lands 35 

for  trespassing  on  school  lands 35 

how  collected 35 

how  disposed  of 35 

Persons  of  color,  to  have  benefit  of  school  fund  in 

certain  cases 34 

Petition,  for  sale  of  school  lands  shall  be  presented  35 

how,  shall  be  signed,  etc  36 

Postage  of  superintendent,  how  paid 5 

Process,  in  what  cases  to  issue 20 

how  to  be  served 20 

from  date  shall  be  a lien 32 

President  of.  board  of  trustees,  how  appointed 11 

duty  of ll 

may  execute  conveyances 17 

of  board  of  directors  to  sign  bonds 19 

Property  of  a district  to  be  distributed  in  case  of  a 

division 14 

Pupils  of  two  or  more  districts,  how  transferred. . . 12 

Purchase  of  real  estate  by  trustees 15 

of  school  lands  by  persons,  how  made 36 

certificates  of,  to  be  given 38 

Purchasers  of  school  lands  to  receive  patents 38 

may  obtain  duplicate  patents 39 

q. 

Qualifications  of  teachers 20 

IR. 

Real  estate,  taken  for  debts  may  be  resold 9 

may  be  purchased  by  trustees  in  certain  cases.  15 

title  to,  to  vest  in  trustees  in  certain  cases 14 

may  be  deeded  to  trustees  in  compromise 15 

may  be  sold  at  auction  by  trustees 15 

sales  of,  how  made 15 

purchases  of,  declared  valid 15 

shall  be  bound  for  claims  against  school  officers 

from  date  of  process 32 

sale  of,  shall  not  defeat  lien 32 

may  be  sold  in  satisfaction  of  judgment 32 

See  “Lands.” 

Removal  of  township  treasurer,  how  made 14 

of  teachers,  how  made 20 

Reports  of  superintendent 4 

when  to  be  made  to  governor 4 

to  be  laid  before  general  assembly  4 

of  schools  in  towns  and  cities 34 

Returns,  in  case  of  officer  making  false 32 

Rules  and  regulations  may  be  made  by  superinten- 


dent  

S. 


Salary  of  superintendent 

when  and  how  paid 

See  “ Compensation.” 

Sales  of  school  house  and  sites. . .• 14 

of  lands  at  auction 35 

shall  not  affect  lien  on  real  estate 32 

of  school  lands,  how  to  be  made 35 

of  school  lands,  terms  of j # . 3^5 

of  school  lands,  place  of  selling * _ 35 

of  school  lands,  advertisement  of * ’ . 35 

of  school  lands,  to  be  made  by  commissioner. . 37 

of  school  lands,  payments,  how  to  be  made 37 

unsold  lands  subject  to  private  sale 37 

statement  of,  to  be  made  by  commissioner 38 

transcript  of,  to  be  furnished  to  auditor 38 

Schools,  under  supervision  of  superintendent 4 

information  respecting,  to  be  communicated  to 

superintendent g 

to  be  visited  by  school  commissioner g 

may  be  established  comprising  pupils  of  differ- 
ent districts 72 

when  so  established,  how  supported 12 


[IY] 


INDEX 


PAGE. 


Schools,  directors  to  have  control  of 

expense  of  supporting,  how  paid 

union,  how  formed 

devise  qr  grant  may  be  made  to 

directors  to  determine  amount  necessary  for. . 

to  be  established  by  directors 

not  to  be  extended  longer  than  six  months 

School  commissioners,  to  advise  with  superinten- 
dent   ; . 

when  and  how  elected 

to  give  bond  

condition  and  penalty  of  bond  of 

action  may  be  maintained  on  bond  of 

form  of  bond  of 

liable  to  be  removed  by  county  court 

shall  give  new  bond  if  required 

vacancy  in  office  of,  how  filled 

to  provide  books  of  record 

to  record  petitions  for  sale  of  lands 

to  record  plats,  etc 

to  keep  an  account  of  sales  of  lands 

to  keep  an  account  of  money  loaned 

books,  how  paid  for 

shall  file  bond  of  township  treasurer 

shall  deliver  to  township  treasurer  all  bonds, 

notes,  mortgages,  etc 

shall  take  receipt  for  same.. 

receipt  to  be  evidence 

shall  make  apportionment  among  townships, 

and  how 

shall  pay  over  distributive  share  to  treasurer 

annually 

shall  loan  county  fund 

interest,  how  to  be  applied 

shall  give  information  to  superintendent 

shall  deliver  to  successor  all  property,  on  expi- 
ration of  office 

may  loan  moneys  in  same  way  as  treasurers . . . 

notes,  mortgages,  etc.,  in  name  of,  valid 

suits  may  be  brought  in  name  of 

duty  of,  to  visit  schools,  give  directions,  etc. . . 

to  have  primary  jurisdiction 

may  employ  a competent  person  to  furnish  in- 
formation, statistics,  etc.,  in  certain  cases. . . 
person  so  employed  to  have  access  to  books, 

papers,  etc.,  of  township. 

to  pay  compensation  to  person  so  employed. . . 
to  coilect  the  amount  so  paid  in  action  against 

trustees  

may  be  witness  in  such  action 

money  so  recovered  to  be  paid  over  to 

may' resell  real  estate  taken  for  debts 

may  retain  percentage  for  selling 

shall  examine  teachers  and  give  certificate 

may  revoke  certificate 

to  fix  a time  for  examining  teachers 

may  proceed  against  collector  in  county  court. 

compensation  of 

exempted  from  working  roads,  serving  on  ju- 
ries, etc 

liabilities  of 

penalty  for  failing  to  perform  duties 

term  of  office  of 

not  to  pay  funds  to  local  treasurer  in  certain 

cases  

may  bring  suits  against  officers  failing  to  pay 

over  fines,  etc 

shall  sell  school  lands,  and  in  what  manner. . . 

shall  give  to  purchaser  certificate 

shall  make  statements  of  sales,  moneys,  etc . . . 

shall  furnish  to  auditor  transcript  of  sales 

School  directors.  See  “Directors.” 

School  fund.  See  “ Funds  ” and  “ Moneys.” 

School  houses,  title  to,  vested  in  trustees 

control  of,  vested  in  directors 

may  be  conveyed  by  directors 

shall  not  be  erected  or  changed  without  an  elec- 
tion  

School  lands.  See  “ Lands  ” and  “ Real  Estate.” 
School  sites.  See  “ Sites.” 

School  trustees.  See  “ Trustees  of  Schools.” 
School  taxes.  See  “ Taxes.” 

Schedules,  shall  be  kept  by  teachers 

what,  shall  contain 


12 

12 

12 

14 

IT 

19 

19 

4 

5 
5 

5 

6 
6 
6 
6 
6 
6 
6 
6 


7 

7 

7 

7 

7 

7 

7 

7 

7 

7 

8 
8 
8 
8 
8 
8 


8 

8 

9 

9 

9 

9 

9 

20 

21 

21 

30 

31 

31 

31 

31 

33 

34 

35 

36 
38 
38 
38 


14 

14 

14 

19 


22 

22 


Schedules,  form  of 

to  be  certified  by  teachers 

to  be  delivered  to  directors  . 

to  be  examined  by  directors 

to  be  certified  by  directors 

to  be  filed  with  treasurer 

not  to  be  certified  in  certain  cases 

Section,  sixteenth,  declared  school  lands 

Securities,  bound  for  demands  against  principals. . 
of  school  commissioner  not  exempted  from  lia- 
bilities  

additional,  may  be  required  in  certain  cases. . 
Settlement  may  be  made  with  trustees  by  persons 

indebted 

Sites  for  schools,  sales  of,  how  made 

purchases  of,  how  made 

Sixteenth  section,  declared  school  lands 

State  shall  pay  interest  on  school  fund 

Statement  of  condition  of  schools  to  be  prepared.. 

what  shall  be  contained  in 

of  treasurer  to  be  laid  before  trustees 

what  shall  be  contained  in  such 

of  sales  of  land  and  moneys  received  by  com- 
missioner  

Stationery,  allowed  to  superintendent 

Suits,  may  be  brought  on  notes,  mortgages,  etc. , by 

commissioner 

school  commissioner  may  be  a witness  in 

may  be  brought  against  treasurer 

may  be  brought  against  collector  for  refusal  to 

pay  over 

damages  to  be  awarded  in 

may  be  maintained  for  breach  of  condition  in 

mortgage 

how  brought  for  interest  on  money  loaned 

all  suits  may  be  brought  in  name  of  trustees . . 
may  be  brought  against  treasurer,  on  bond  . . 
may  be  brought  in  county  court  against  col- 
lector   

may  be  brought  against  trustees  for  insufficien- 
cy of  treasurer’s  securities 

may  be  brought  against  officers  failing  in  their 

duty 

costs  of,  not  to  be  charged  in  certain  cases .... 
may  be  maintained  for  trespassing  on  school 

lands 

may  be  maintained  for  cutting  trees  on  school 

lands 

how  brought  for  penalties 

how  brought  against  purchasers  of  lands 

Superintendent  of  public  instruction,  when  and 

how  elected  

term  of  office  of 

oath  of  office  of 

office  of,  where  to  be  kept 

bond  of,  penalty  and  conditions  of 

books  and  documents  to  be  preserved  by 

record  to  be  kept  by 

to  pay  over  moneys 

to  advise  school  commissioners  and  teachers. . . 

to  have  supervision  of  schools* 

to  issue  circulars 

to  make  reports  to  governor 

to  issue  state  certificates 

contents  of  report  of 

to  make  rules  and  regulations 

to  explain  and  interpret  this  act 

his  decision  to  be  final,  except  in  certain  cases 

may  cause  funds  to  be  withheld 

salary  of,  when  and  how  paid 

to  be  allowed  postage,  stationery,  etc 

shall  superintend  publication  of  this  act 

shall  distribute  this  act,  and  in  what  manner. . 

T. 

Taxes,  school,  how  distribcted  when  new  district 

is  formed 

directors  may  levy 

directors  may  levy 

to  be  computed  by  county  clerk 

how  collected 

to  be  paid  by  collector  to  township  treasurer. . 
in  case  of  refusal  of  collector  to  pay  over 


22 

22 

23 

23 

23 

23 

23 

24 
32 

38 

26 

15 

14 
20 
34 
30 
13 
13 
27 
27 

38 

5 

8 

9 

15 

17 

19 


26 

27 

27 

27 

30 

31 

32 

33 

35 

35 

35 

37 

3 

3 

3 

3 

3 

3 

3 

4 
4 
4 
4 
4 

21 

4 

4 

5 
5 
5 
5 
5 

39 

39 


12 

13 

17 

17 

17 

17 

19 


Taxes,  schools,  how  collected  where  district  is  in 

two  counties 

shall  not  be  levied  for  extending  school  longer 

than  six  months 

two  mill,  to  constitute  school  fund 

where  county  fails  to  collect,  it  shall  receive 

none 

dividends  of,  to  be  made  by  auditor- 

levied,  to  remain  valid 

persons  of  color  to  have  benefit  of 

Teachers,  balance  due  them  after  fund  is  exhaust- 
ed, how  collected 

to  be  appointed  by  directors 

compensa  ion  of,  regulated  by  directo  

may  be  dismissed  by  directors 

to  be  examined  by  commissioner  

qualifications  necessary  for 

to  receive  certificate 

form  of  certificate. . 

meetings  for  examination  of 

in  case  of  failure  of,  to  attend  examination 

to  exhibit  certificate  before  receiving  funds. . . 
may  teach  particular  branches  in  cert  ain  cases 

shall  keep  schedules 

form  of  schedules 

shall  attach  certificate  to  schedules 

to  deliver  schedules  to  directors 

not  receive  compensation  until  schedule  is  filed 
Title  to  real  estate  to  vest  in  trustees  in  certain 

cases  

Towns  and  cities,  special  acts  of,  not  changed  by 

this  act 

officers  of,  having  in  charge  school,  duties  of. . 

Townships,  apportionment  among,  how  made 

distributive  share  of,  to  be  paid  to  treasurers 

annually 

business  of,  to  be  done  by  trustees 

to  be  body  corporate 

term  of,  name  of,  and  style  of 

to  be  laid  off  in  districts 

map  of,  to  be  prepared 

school  districts  may  be  formed  from  several. . . 
when  divided  by  county  line  seperate  enumer- 
ations to  be  made 

to  be  considered  as  incorporated  by  this  act. . . 
Township  treasurer.  See  “Treasurer.” 

Transcript  of  sales  of  school  lands  to  be  furnished 

to  auditor 

Treasurer,  township,  bond  of,  to  be  filed  by  school 

commissioner 

moneys,  bonds,  etc.,  to  be  delivered  to,  by 

commissioner 

to  give  receipt  for  same 

receipt  of,  to  be  evidence 

distributive  share  to  be  paid  to,  annually 

how  ^appointed 

township,  accounts  of,  to  be  examined 

proceeds  of  sales  of  school  sites  to  be  paid  to . . 

moneys  for  use  of  townships  to  be  paid  to 

may  be  removed  by  trustees 

may  be  sued  on  bond 

collector  to  pay  over  to,  full  amount  of  tax . . . 

schedule  to  be  filed  with 

to  give  bond  and  security 

form  of  bond  of 

to  provide  books  and  keep  accounts 

accounts,  how  kept 

shall  loan  money . & 

terms  on  which,  shall  loan  money 

may  require  additional  security 

if  not  given,  shall  institute  suit. 

shall  have  debts  due  probated  and  classed 

may  bring  suits  for  interest  on  loaned  money. 
Shall  keep  all  moneys,  books,  &c.,  of  township 
shall  make  statement  to  trustees,  on  certain 

days 

what  shall  be  contained  in  statement  of 

penalty  in  case  of  failure  to_perform  duties. . . 

not  liable  in  certain  cases 

to  deliver  money,  books,  etc.,  to  successor. . . 
in  case  of  death  of 


Treasurer,  township,  compensation  of 31 

exempted  from  working  roads,  serving  on  ju- 
ries, etc 31 

liabilities  of 30 

Trees,  penalty  for  gutting,  on  school  lands.' 35 

Trespass  on  school  lands,  how  punished 35 

Trustees  of  schools  to  be  body  corporate  and  politic  9 

name  and  style  of 9 

term  of  office 9 

eligibility  of 9 

election  of 19 

election  of,  may  be  postponed  in  certain  cases  10 

to  act  as  judges  and  clerks  at  elections 10 

in  case  of  refusal  of,  to  serve  at  elections 10 

time  and  manner  of  electing 10 

qualifications  of  voter  for 10 

in  case  of  a tie  in  election 10 

in  case  of  vacancy  in  board  of 10 

to  be  successors  to  tiustees  of  school  lands 11 

property  to  be  vested  in 11 

to  hold  semi-annual  meetings.  . 11 

special  meetings  of,  how  called 11 

how  board  of,  shall  be  organized 11 

may  appoint  a president 11 

may  appoint  a township  treasurer 11 

may  remove  officers  for  cause 'll 

duty  of  president  of  board  of 11 

duty  of  clerk  of  board  of 11 

must  lay  township  off  into  districts 11 

to  prepare  map  of  township 11 

may  form  school  districts  from  several  townships  12 
to  make  division  of  taxes  in  new  districts,  and 

how 12 

funds,  how  to  be  distributed  by 12 

may  make  orders  for  collection  of  funds 12 

to  ascertain  amount  in  hands  of  treasurer 12 

o draw  on  treasurer  for  payment  of  teachers.  12 

may  appoint  directors  of  union  schools 12 

shall  make  s atement.s  of  condition  of  schools.  13 

what  shall  be  contained  in  statement  of 13 

duty  of,  in  case  township  is  divided  by  county 

line 13 

shall  make  examination  of  books,  mortgages, 

etc ; 14 

may  receive  devise,  gift  or  grant 14 

vested  with  title  and  custody  of  school  houses.  14 
president  and  clerk  of  board  of,  to  execute 

conveyances 14 

to  distribute  funds,  e c.,  in  division  of  district  14 
shall  cause  all  moneys  to  be  paid  to  treasurer.  14 

may  remove  township  treasurer 14 

may  sue  township  treasurer 15 

may  purchase  real  estate  in  satisfaction  of 

judgment 15 

title  to  such  estate  to  vest  in,  for  school  purposes  15 

may  settle  with  persons  indebted 15 

may  receive  deeds  to  real  estate  in  compromise  15 

may  cancel  bonds,  mortgages,  etc 15 

may  lease  or  sell  lands  at  auction 15 

shall  not  be  interested  in  contracts  17 

hal  no  t be  drector 17 

execution  may  issue  against 20 

exempted  from  working  roads,  serving  on  ju- 
ries, etc 31 

li  abilities  of 31 

able  for  sufficiency  of  treasurer’s  securititdes.  82 

penalty  for  failing  to  perform  duties 33 

to  continue  in  office  until  successors  appointed  36 

how  to  proceed  in  selling  school  lands 36 

Trustees  of  school  lands,  trustees  of  schools  de-  11 
dared  successors  of 


■v. 

Vacancy  in  office  of  schoo1  commissioner,  how  filled  6 
Vcancy  in  board  of  trustees,  how  filled 10 

W. 

Witness,  school  commissioner  maybe 

See  “Evidence.” 


19 

20' 

29 

29 

30 

33 

34 

18 

19 

19 

19 

20 

20 

20 

21 

21 

21 

21 

22 

22 

22 

22 

23 

23 

15 

33 

33 

7 

7 

9 

9 

9 

11 

11 

11 

13 

33 

38 

7 

7 

7 

11 

14 

14 

14 

14 

15 

18 

23 

23 

24 

24 

24 

25 

Z5 

26 

26 

27 

27 

27 

27 

27 

27 

27 

28 

28 


